Menie Mba v. Everlink Payment Services Inc., 2014 HRTO 1223

Human Rights Tribunal of Ontario

B E T W E E N:

Eric Menie Mba Applicant

-and-

Everlink Payment Services Inc., Greg Blanchard, Credit Union Central of Manitoba and Gamma-Dynacare Medical Laboratories Respondents

DECISION

Adjudicator: Brian Eyolfson Date: August 15, 2014 Citation: 2014 HRTO 1223 Indexed as: Menie Mba v. Everlink Payment Services 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”), on December 9, 2013.

2On March 7, 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 April 6, 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.

3The applicant has not responded to the NOID and the time for doing so has now passed. The NOID was delivered to the applicant by both regular mail and email at addresses the applicant provided in the Application. While the NOID delivered to the applicant by regular mail was returned as undeliverable, the NOID delivered to the applicant by email was not.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.