Jason Frenza v. East Side Marios Millcroft, 2017 HRTO 1044

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jason Frenza Applicant

-and-

East Side Marios Millcroft Respondent

DECISION

Adjudicator: David Muir Date: August 14, 2017 Citation: 2017 HRTO 1044 Indexed as: Frenza v. East Side Marios' Millcroft

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 December 7, 2016.

2On February 8, 2017 the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the Applicant may be outside of the Tribunal’s jurisdiction to decide. The NOID was sent by regular mail and was not returned to the Tribunal.

3In the NOID the applicant was directed to provide his written submissions in response to the NOID before May 23, 2017. The applicant was further advised that if he did not provide written submissions by the required time the Tribunal may make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.

4The applicant did not respond to the NOID and the time for doing so has passed.

5On May 16, 2017 the NOID was sent to the applicant again by regular mail, email and courier.

6The applicant did not responded to the NOID and the time for doing so has passed. The applicant has not otherwise communicated with the Tribunal.

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