Nicholas McAndry v. CRS Contractors Rental Supply, 2017 HRTO 989

Human Rights Tribunal of Ontario

B E T W E E N:

Nicholas McAndry Applicant

-and-

CRS Contractors Rental Supply Respondent

DECISION

Adjudicator: David Muir Date: August 2, 2017 Citation: 2017 HRTO 989

1This is an Application filed on December 28, 2016 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2On April 26, 2017 the respondent filed a Response (Form 2). In its Response the respondent sought the dismissal of the Application because it asserted that the applicant had signed a Full and Final Release in its favour.

3The applicant did not file a Reply to the Response (Form 3) addressing the issue raised by the respondent although directed to do so by May 22, 2017, when the Response was delivered to the applicant by the Tribunal on May 1, 2017. The Tribunal’s correspondence warned the applicant that his failure to file a Reply may result in the Application being dismissed as abandoned.

4In a Case Assessment Direction (“CAD”) issued on June 21, 2017 the applicant was directed to deliver and file a Reply (Form 3) addressing the issue raised in the respondent’s Response within 14 days of the date of this CAD, failing which this Application may be dismissed as abandoned.

5The applicant has not responded to these directions and the time for doing so has passed. None of the correspondences sent to the applicant by regular mail has been returned to the Tribunal. I am satisfied that the applicant has received the Tribunal’s correspondence dated May 1, 2017 and the CAD issued on June 21, 2017.

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