Human Rights Tribunal of Ontario
BETWEEN:
Nathaniel Misurka Applicant
-and-
Spinrite LP Respondent
DECISION
Adjudicator: Geneviève Debané Date: February 6, 2013 Citation: 2013 HRTO 217 Indexed as: Misurka v. Spinrite LP
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment. This matter is scheduled for hearing in London on February 28, 2013.
2In a Case Assessment Direction dated January 22, 2013, the Tribunal directed the applicant, amongst other things, to deliver to the respondent and file with the Tribunal copies of the documents that he intends to rely on at the hearing and a witness list including a brief summary of their intended evidence by no later than January 28, 2013.
3On January 30, 2013, the Tribunal received correspondence from the respondent advising that it had received no communication or hearing materials from the applicant.
4The applicant has not complied with the Directions in the Case Assessment Directions and the Tribunal has received no communication from the applicant. I am satisfied that the Case Assessment Direction was sent to the applicant via both e-mail and mail.
ORDER
5Having reviewed this matter, I am satisfied that the applicant has abandoned the Application since the applicant has not complied with the directions in the Case Assessment Direction. In addition, the applicant has had no communication with the Tribunal. The applicant was warned in the Case Assessment Direction that a failure to respond could result in his Application being dismissed as abandoned.
6The Application is dismissed. Accordingly, the hearing is cancelled.
Dated at Toronto, this 6th day of February, 2013.
“Signed by”
Geneviève Debané Vice-chair