Somanathan Ramanikaran v. Canada Post Corporation, 2010 HRTO 101

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Somanathan Ramanikaran

Applicant

-and-

Canada Post Corporation

Respondent

DECISION

Adjudicator: Faisal Bhabha

Date: January 15, 2010

Citation: 2010 HRTO 101

Indexed as: Ramanikaran v. Canada Post Corporation

1The applicant filed an Application with the Tribunal on October 9, 2009 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application was not served on the respondent because it appeared to be outside the Tribunal’s jurisdiction.

2On November 10, 2009, the Tribunal sent the applicant a Notice of Intent to Dismiss the Application on the basis that the Application appeared to be outside the Tribunal’s jurisdiction. The Notice, which was sent to the applicant’s counsel, directed the applicant to provide submissions within 30 days explaining why he believes the Tribunal has jurisdiction to deal with the Application.

3On November 29, 2009, the applicant sent an email to the Tribunal requesting that the Application be “forwarded” to the Canadian Human Rights Commission (CHRC). On December 1, 2009, the Tribunal responded by email to the applicant advising him that the Tribunal does not have a procedure for transferring files to the CHRC, and requesting the applicant withdraw his Application if he plans to proceed before the CHRC.

4The applicant did not respond to the Notice of Intent to Dismiss or the Tribunal’s correspondence of December 1, 2009. In accordance with Rule 5.4 of the Tribunal’s Rules of Procedure, the Application is dismissed as abandoned.