Martin v. Chrysler Canada Inc., 2016 HRTO 223

Human Rights Tribunal of Ontario

B E T W E E N:

Tilmon Martin

Applicant

-and-

Chrysler Canada Inc.

Respondent

DECISION

Adjudicator: Brian Eyolfson Date: February 22, 2016 Citation: 2016 HRTO 223 Indexed as: Martin v. Chrysler Canada Inc.

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 October 25, 2012.

2By Interim Decision, 2013 HRTO 62, dated January 11, 2013, the Tribunal deferred the Application pending conclusion of the applicant's complaint before the Nova Scotia Human Rights Commission ("NSHRC").

3On both February 12, 2014, and November 16, 2015, the Tribunal wrote to the applicant by mail at a mailing address provided in the Application. The applicant was asked to inform the Tribunal, within 30 days of the date of each letter, whether the NSHRC complaint remained ongoing and, if possible, when it was expected to be completed. The letter warned the applicant that a failure to do so might result in the Tribunal dismissing the Application as abandoned.

4On January 20, 2016 the Tribunal also wrote to the applicant by email at an email address provided in the Application, and attached a copy of the Tribunal's November 16, 2015 letter to the applicant. In the email, the Tribunal indicated that it had not received a response to its November 16, 2015 letter to the applicant. The Tribunal also indicated that if the applicant did not file a response to the Tribunal's November 16, 2015 letter by January 27, 2016, the Application may be dismissed as abandoned.

5To date, the applicant has not responded to the Tribunal's February 12, 2014, November 16, 2015 and January 20, 2016 correspondence, and the Tribunal's correspondence to the applicant has not been returned as undeliverable.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.