Jesus Melendez v. City of Toronto, 2015 HRTO 78

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jesus Melendez

Applicant

-and-

City of Toronto

Respondent

DECISION

Adjudicator: Brian Eyolfson Date: January 20, 2015 Citation: 2015 HRTO 78 Indexed as: Melendez v. City of Toronto

1This Application was filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on June 16, 2014.

2On November 10, 2014, the Tribunal issued a Case Assessment Direction (the “CAD”), indicating that the respondent filed a Response (Form 2) to the Application in which it argued that the Application should be dismissed because it was filed beyond the one-year time limit prescribed in s. 34 of the Code. The Tribunal noted that the applicant did not file a Reply (Form 3) to the respondent’s Response. The Tribunal directed the applicant to deliver and file a Reply within 7 days of the date of the CAD, and indicated that if the applicant failed to do so, the Application may be dismissed as abandoned.

3To date, the applicant has not responded to the Tribunal’s November 10, 2014 CAD, nor does it appear that he has otherwise communicated with the Tribunal since the date of the CAD. The Tribunal’s CAD was delivered to the applicant by both regular mail and courier at the address the applicant provided in the Application, and has not been returned as undeliverable.

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

5The Application is dismissed.