Thomas Moody v. Extendicare (Canada) Inc., 2016 HRTO 458

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination with respect to employment because of disability and reprisal.

2On March 15, 2016 the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to respond to the respondent’s Request for Order During Proceeding (“Request”) and to the Tribunal’s prior Directions to provide complete particulars of his allegations. The Tribunal noted that the applicant’s failure to respond to the Request and his ongoing failure to comply with the Tribunal’s Directions indicates that the applicant may have abandoned this Application.

3The applicant was advised that failure to respond within 14 days of the CAD might be considered an abandonment of the Application and that the Tribunal may dismiss the Application for that reason.

4The applicant has not responded to the CAD and the time for doing so has now passed. The CAD was sent by email and by regular mail to the applicant at the addresses provided in the Application and was not returned as undeliverable.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.