HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Derek Francisco
Applicant
-and-
2263480 Ontario Inc. o/a Hidden Valley Resort
Respondent
DECISION
Adjudicator: Eban Bayefsky
Indexed as: Francisco v. 2263480 Ontario Inc.
Introduction
1The applicant filed an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on January 13, 2017.
2On September 19, 2017, the respondent filed a Request for an Order During Proceedings (Form 10), seeking the dismissal of the Application as abandoned.
3On October 11, 2017, the Tribunal issued a Case Assessment Direction (“CAD”) indicating that “there [was] some reason to believe that the applicant may have abandoned this Application” and directing the applicant to deliver and file a Response (Form 11) addressing the respondent’s Request. The CAD also directed the applicant to deliver to the respondent his pre-hearing disclosure of documents as required by Rule 16.1 of the Tribunal’s Rules of Procedure within 14 days of the date of the CAD, failing which the Application might be dismissed as abandoned.
4The Tribunal sent the CAD by regular mail and email to the addresses provided by the applicant, and it was not returned as undeliverable.
5The applicant has not responded to the CAD and the time to do so has now passed.
ORDER
6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 10th day of November, 2017.
“Signed by”
Eban Bayefsky
Vice-chair