Edwards v. Workplace Safety and Insurance Board, 2009 HRTO 1547

Human Rights Tribunal of Ontario

BETWEEN:

Daniel Edwards Applicant

• and -

Workplace Safety and Insurance Board Respondent

DECISION

Adjudicator: Ena Chadha Date: September 24, 2009 Citation: 2009 HRTO 1547 Indexed as: Edwards v. Workplace Safety and Insurance Board

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 April 2, 2009 alleging discrimination and reprisal in the provision of goods, services and facilities. The respondent filed a Request for Order During Proceeding, seeking to have the Application dismissed as being outside the Tribunal’s jurisdiction.

2In an earlier Interim Decision, 2009 HRTO 1158, the Tribunal directed the Registrar to schedule and arrange for a half-day hearing by teleconference in order to hear submissions from the parties on whether the Application is within the Tribunal’s jurisdiction. Subsequently, on three occasions, the Registrar attempted to telephone the applicant in an effort to schedule the teleconference hearing and left voice mail messages in this regard; however, the applicant did not reply to these communications.

3By correspondence dated September 9, 2009, the Tribunal wrote the applicant and offered a number of dates for the purposes of scheduling the teleconference hearing. The Tribunal advised the applicant that if he did not respond within 10 days of the date of that correspondence, the Tribunal would deem the Application abandoned and the close its file. The applicant has not responded to the Tribunal’s correspondence.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.