Mark Davison v. Shane Tyron, 2015 HRTO 379

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mark Davison

Applicant

-and-

Shane Tyron

Respondent

DECISION

Adjudicator: David Muir

Date: March 25, 2015

Citation: 2015 HRTO 379

Indexed as: Davison v. Tyron

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On January 21 2015 the respondent filed a Request for Summary Hearing (Form 26) as well as a Request for Order During Proceeding (Requests). The applicant did not respond to either Request. The respondent advised that it attempted to deliver both Requests to the applicant at his last known address but they were returned to it.

3In a Case Assessment Direction issued on February 23, 2015 the applicant was directed to deliver and file a Response (Form 11) addressing the respondent's Requests, together with an explanation for his failure to do so in a timely way, within 14 days of the date of the Direction. The applicant was further advised that if he failed to comply with the Direction the Application may be dismissed as abandoned. This CAD sent to the applicant by regular mail and email.

4Previously on February 17, 2015 the respondent's representative had written to the Tribunal to advise that the applicant had attended at the representative's offices to pick up a copy of both Requests.

5The filing of an Application commences a legal proceeding which engages significant public and private resources. It is the Tribunal's expectation that the parties to an Application will participate in the process. This includes responding to issues as they arise in the course of the proceeding. It is now more than a week after the applicant should have filed his Form 11 in response to the respondent's Requests pursuant to my Directions on February 23, 2015..

6The applicant's failure to respond to the respondent's Requests and the Tribunal's Direction to do so indicates that the applicant has abandoned this Application.

7The Application is deemed to have abandoned the Application and it is dismissed.