Human Rights Tribunal of Ontario
B E T W E E N:
Giuseppe Simone Applicant
-and-
EnviroBlue Transfer Station Respondent
DECISION
Adjudicator: David Muir Date: September 16, 2015 Citation: 2015 HRTO 1235 Indexed as: Simone v. EnviroBlue Transfer Station
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 June 23, 2015.
2On July 23, 2015, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the Applicant may be outside of the Tribunal’s jurisdiction to decide. The NOID was sent by regular mail. The applicant was directed to provide his written submissions in response to the NOID before August 24, 2015. The applicant was further advised that if he did not provide written submissions by the required time the Tribunal may make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.
3The applicant did not respond to the NOID.
4On September 1, 2015, the Tribunal sent a copy of the NOID to the applicant by email. The applicant was directed to provide his submissions in response to the NOID by September 8, 2015. The applicant was reminded again that if he did not file his submissions by the required time the Tribunal may make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.
5The applicant did not respond to this further Direction and the time for doing so has passed. The applicant has not otherwise communicated with the Tribunal.
6In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.
Dated at Toronto, this 16^th^ day of September, 2015.
“Signed by”
__________________________________
David Muir Vice-chair