HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Bui Kim Anh Nguyen
Applicant
-and-
The Football Factory and Pat Pennman
Respondents
DECISION
Adjudicator: David Muir
Indexed as: Nguyen v. The Football Factory
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 January 11, 2012.
2In Interim Decision 2012 HRTO 778 issued April 17, 2012, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing Employment Standards Act proceedings.
3On January 17, 2013 the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the grievance proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.
4A copy of the letter was also sent to the applicant by email on February 25, 2013 along with a direction that provided the applicant with further time to respond until March 4, 2013. The email also warned the applicant that failure to respond might result in the Tribunal dismissing the Application as abandoned.
5The applicant has not responded to the Tribunal’s January 17, 2013 letter nor the Tribunal’s February 25, 2013 email. The Tribunal’s letter and email to the applicant have not been returned as undeliverable.
6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 11th day of March, 2013.
”signed by”
David Muir
Vice-chair