Dymkowski v. Patriot Forge Co., 2016 HRTO 1536

Human Rights Tribunal of Ontario

B E T W E E N:

Andy Dymkowski Applicant

-and-

Patriot Forge Co., Conrad Guay, and Roland Lockhart Respondents

DECISION

Adjudicator: Alison Renton Date: November 30, 2016 Citation: 2016 HRTO 1536 Indexed as: Dymkowski v. Patriot Forge Co.

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on July 3, 2014. At the time, he had legal representation.

2The Application was deferred by Registrar's letter dated October 7, 2014 pending conclusion of proceedings before the Workplace Safety and Insurance Board ("WSIB") and pursuant to the Employment Standards Act, 2000, S.O. 2000, c. 41, as amended.

3On September 2, 2016, the Tribunal wrote to the applicant's legal representative and the respondents. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the other proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.

4The applicant's legal representative wrote to the Tribunal on September 30, 2016 to advise that she was no longer representing the applicant. She requested that the Tribunal contact the applicant directly.

5On October 12, 2016, the Tribunal wrote to the applicant and the respondents. The applicant's letter was sent via regular mail, to the address on the Application, and by courier. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the other proceedings remained ongoing and, if possible to indicate when they were expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.

6The applicant has not responded to the Tribunal's October 12, 2016 letter or otherwise communicated with the Tribunal. The Tribunal's correspondence to the applicant has not been returned as undeliverable.

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