David DeWitt v. Clarkenney Inc., 2017 HRTO 1461

Human Rights Tribunal of Ontario

B E T W E E N:

David DeWitt Applicant

-and-

Clarkenney Inc. Respondent

DECISION

Adjudicator: David Muir Date: November 6, 2017 Citation: 2017 HRTO 1461 Indexed as: DeWitt v. Clarkenny 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 July 4, 2017.

2On August 30, 2017, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the Application may be outside of the Tribunal’s jurisdiction to decide. The NOID was sent by regular mail and was not returned to the Tribunal.

3The applicant was directed to provide his written submissions in response to the NOID before September 29, 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. The NOID was sent by regular mail and email to the address provided by the applicant on August 30, 2017. There is no indication that it was not received by the applicant.

4The applicant did not respond to the NOID

5The applicant has not responded to the NOID and the time for doing so has passed. The applicant has not otherwise communicated with the Tribunal.

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