Kartna v. Sousa, 2014 HRTO 1222

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rein Kartna

Applicant

-and-

Charles Sousa

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: August 15, 2014

Citation: 2014 HRTO 1222

Indexed as: Kartna v. Sousa

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 April 3, 2013.

2On May 9, 2014 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 June 22, 2014. The NOID advised the applicant that a failure to respond to the NOID may be considered an abandonment of the Application and the Application might be dismissed for that reason. The NOID was delivered to the applicant by regular mail.

3On June 17, 2014, the Tribunal also delivered the NOID to the applicant by email. The Tribunal advised the applicant in the email that a failure to respond to the NOID by June 25, 2014 would result in the file being closed.

4To date, the applicant has not responded to the NOID and the time for doing so has now passed. The NOID was delivered to the applicant at the mailing and email addresses the applicant provided in the Application, and has not been returned as undeliverable.

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

6The Application is dismissed.