Smith v. Vannatter Group Inc., 2013 HRTO 742

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Smith

Applicant

-and-

Vannatter Group Inc., Transcast Precision Inc., Dean Topolinski, Debra Vannatter, Harley Vannater and William Adams

Respondents

DECISION

Adjudicator: Naomi Overend Date: May 2, 2013 Citation: 2013 HRTO 742 Indexed as: Smith v. Vannatter Group Inc.

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

2In Interim Decision 2011 HRTO 484 issued March 8, 2011, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing OLRB proceedings.

3On April 18, 2013 the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar whether the grievance proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter, along with a copy of his file, was sent by express post to the applicant at the updated mailing address he provided in June 2012. The April 18, 2013 letter and package sent to the applicant at this address was returned. The Tribunal sent a copy of the April 19, 2013 letter to the applicant by email as well. This email was also returned to the Tribunal as undeliverable. The Tribunal was unable to reach the applicant by telephone as the number he has provided is not in service.

4The applicant has not communicated or corresponded with the Tribunal in regards to his up to date contact information since his June 2012 email. Pursuant to Rule 1.13, all parties are required to notify the Tribunal and other parties of any change in contact information.

5The applicant has failed to communicate with the Tribunal regarding his contact information. Pursuant to Rule 5.4, the Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person. In the circumstances, the applicant is deemed to have abandoned his Application.

6The Application is dismissed.