Courtney Alistair v. Extreme Fitness, Declan Boyle, Naresh Persuad and Michael Slack, 2010 HRTO 1472

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Courtney Alistair

Applicant

-and-

Extreme Fitness, Declan Boyle, Naresh Persuad and Michael Slack

Respondents

DECISION

Adjudicator: Ena Chadha

Date: July 8, 2010

Citation: 2010 HRTO 1472

Indexed as: Alistair v. Extreme Fitness

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on February 19, 2010, alleging discrimination on the basis of record of offences in the area of employment.

2By correspondence dated May 20, 2010, the Tribunal advised the applicant that, based on a review of the Application and allegations, it appears the Application is outside the Tribunal’s jurisdiction. Specifically, although the Application cites the ground of “record of offences”, the applicant’s narrative fails to identify any alleged discrimination related to a record of offences as defined under section 10(e) of the Code. The Tribunal directed the applicant to provide written submissions within 35 days from May 20, 2010, as to whether or not the Tribunal has jurisdiction to hear this Application. The applicant was also advised that the Tribunal may consider a failure to respond as an abandonment of the Application and dismiss the Application for that reason.

3The applicant has not responded to the Tribunal’s correspondence and the timeline for providing written submissions has elapsed.

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

5The Application is dismissed.