Matthew-David Hayes v. Priape Inc. and Laurence Heath, 2014 HRTO 618

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Matthew-David Hayes

Applicant

-and-

Priape Inc. and Laurence Heath

Respondents

DECISION

Adjudicator: Jennifer Scott

Date: May 1, 2014

Citation: 2014 HRTO 618

Indexed as: Hayes v. Priape 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 October 25, 2013.

2On January 13, 2014, the Tribunal was advised by the trustee of the estate of the corporate respondent that the corporate respondent filed or was deemed to have filed an assignment into bankruptcy on October 21, 2013.

3The Application was sent to the individual respondent at the address of the corporate respondent. It was returned marked as “MOVED/UNKNOWN”.

4By Interim Decision dated January 23, 2014, 2014 HRTO 100, the Tribunal directed the applicant to do the following:

1. Within 14 days of the date of the Interim Decision, to advise the Tribunal whether he intended to bring a motion in court to have the stay lifted against the corporate respondent as a result of the bankruptcy.

2. Within 14 days of the date of the Interim Decision, to provide the Tribunal with a current, accurate address for the individual respondent.

5The Tribunal advised the applicant that if he failed to meet these timelines his Application may be deemed abandoned.

6The applicant did not respond to the Tribunal’s directions set out in the Interim Decision 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.