Gregory Andzel v. Extreme Fitness Inc., 2014 HRTO 170

Human Rights Tribunal of Ontario

B E T W E E N:

Gregory Andzel Applicant

-and-

Extreme Fitness Inc. Respondent

DECISION

Adjudicator: David Muir Date: February 5, 2014 Citation: 2014 HRTO 170 Indexed as: Andzel v. Extreme Fitness 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 January 30, 2013.

2The respondent Extreme Fitness Inc. filed a Response on June 7, 2013.

3On July 15, 2013, the Tribunal issued a Notice of Mediation indicating that a mediation was scheduled in this matter for September 16, 2013.

4On September 13, 2013, counsel for the Extreme Fitness wrote to the Tribunal indicating that counsel will no longer be representing the respondent. Counsel advised that Extreme Fitness made an application pursuant to the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36, on February 7, 2013, and on March 27, 2013, the Ontario Superior Court of Justice granted an order approving of an asset purchase agreement involving Extreme Fitness’s assets. Counsel stated that Extreme Fitness no longer carries on business and that “no realization is anticipated for any of Extreme’s unsecured creditors”.

5On December 6, 2013, the Tribunal directed amongst other things that the applicant confirm his intentions with respect to the further processing of his Application within 14 days, failing which the Application may be dismissed as abandoned.

6The applicant has not responded to the direction above and the time for doing so has now passed.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.