Ribeiro v. KIMCO Steel Sales Limited, 2016 HRTO 1338

Human Rights Tribunal of Ontario

B E T W E E N:

Ildemar Ribeiro Applicant

-and-

KIMCO Steel Sales Limited Respondent

DECISION

Adjudicator: David Muir Decision Date: October 14, 2016 Citation: 2016 HRTO 1338 Indexed as: Ribeiro v. KIMCO Steel Sales Limited

Introduction

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

2This case was scheduled for mediation on August 23, 2016. The Tribunal was advised by the parties that a settlement had been reached. The respondent filed a Form 25 (Settlement) confirming the settlement for its part.

3On August 29, 2016, the Tribunal sent an email to the applicant advising that the Tribunal’s records indicated that the parties had settled the matter but only the respondent had filed a Form 25 (Settlement) signed by all parties confirming the settlement. The applicant was directed to provide the Tribunal with a completed Form 25 (Settlement), signed by the applicant so that the Tribunal could close the file on the basis of the settlement.

4A follow up email was sent to the applicant on September 7, 2016.

5On September 8, 2016 the Tribunal wrote to the parties advising the parties that the Tribunal’s records indicated that the parties had settled the matter but only the respondent had filed a Form 25 (Settlement) signed by all parties confirming the settlement. The applicant was directed to provide the Tribunal with a completed Form 25 (Settlement), by September 22, 2016 signed by the applicant so that the Tribunal could close the file on the basis of the settlement. The letter went on to advise the parties that if the Tribunal did not receive a signed, completed Form 25 or confirmation that the applicant intended to proceed to a hearing by the above date, the Tribunal might deem the Application to be abandoned and dismiss the file on that basis.

6The applicant has not responded to the Tribunal’s correspondence nor has the applicant confirmed the intention to proceed to a hearing or otherwise contacted the Tribunal, and the time for doing so has now passed.

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