Bernel Sampson v. Guarav Saivij, 2016 HRTO 503

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bernel Sampson Applicant

-and-

Guarav Saivij Respondent

DECISION

Adjudicator: Dawn J. Kershaw Date: April 19, 2016 Citation: 2016 HRTO 503 Indexed as: Sampson v. Saivij

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 May 12, 2014.

2In the face of no objection to the Tribunal’s Notice of Intent to Defer, the Tribunal deferred proceeding with this Application on October 1, 2014, pending the resolution of an Employment Standards Act (ESA) proceeding.

3On November 17, 2015 the Tribunal wrote to the applicant. 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 did not respond to the Tribunal’s November 17, 2015 letter. The Tribunal’s letter to the applicant was not returned as undeliverable.

5The Tribunal wrote to the applicant again on February 23, 2016, requesting that the information requested in the Tribunal’s November 17, 2015 letter be provided by no later than March 4, 2016 and warning the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned. The applicant did not respond, and the letter to the applicant was not returned as undeliverable.

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