Killeen v. Soncin Construction, 2009 HRTO 2209

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Killeen Applicant

-and-

Soncin Construction Respondent

DECISION

Adjudicator: Sherry Liang Date: December 18, 2009 Citation: 2009 HRTO 2209 Indexed as: Killeen v. Soncin Construction

1This is an Application filed on April 3, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code").

2On the Application form, the applicant has checked "record of offences" as the ground alleged as the basis of his claim of discrimination in employment. He has also checked "reprisal". In the written portions of the form, among other things, the applicant alleges that the respondent, his employer, has forged his signature on documents and is "constantly lying" to his union and to the Workplace Safety and Insurance Board (the WSIB). The applicant states that he "thought record of offences had to do with paperwork." He also states, in answer to the question of how he has experienced reprisal, "I believe they are trying to punish me for telling the truth to WSIB".

3The respondent filed a Response as well as a Request for an Order During Proceedings. In both, the respondent requests that the Tribunal dismiss the Application. Although it disputes the assertions of the applicant, it states that the allegations fall outside of the scope of the Code and the Tribunal should decline to deal with this matter based on a lack of jurisdiction.

4The applicant has not filed a Reply, nor has he responded to the Request for Order.

5By Interim Decision 2009 HRTO 1785 the Tribunal provided the applicant with a further opportunity to make written submissions to explain why he believes the Application is in the Tribunal's jurisdiction and should be decided by the Tribunal. The Tribunal stated that if he did not make submissions the Tribunal would assume he has abandoned the Application and it would be dismissed.

6The Interim Decision was sent to the applicant at the address he provided. The applicant has not filed any submissions or communicated with the Tribunal. In the circumstances, the applicant is deemed to have abandoned his Application.

7The Application is dismissed.