Danny Clark v. Rodney Smith, 2013 HRTO 1514

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Danny Clark

Applicant

-and-

Rodney Smith

Respondent

DECISION

Adjudicator: Brian Eyolfson Date: September 10, 2013 Citation: 2013 HRTO 1514 Indexed as: Clark v. Smith

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on November 16, 2012.

2On March 21, 2013, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appears to be outside the Tribunal’s power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than April 20, 2013. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

3The NOID was sent by regular mail and e-mail to addresses provided by the applicant in the Application. The e-mail correspondence was returned to the Tribunal as undeliverable. The correspondence sent by regular mail has not been returned to the Tribunal as undeliverable.

4The applicant has not responded to the NOID and the time for doing so has now passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.