Michael Lachance v. Honda of Canada, Mfg., a division of Honda Canada Inc., 2010 HRTO 196

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Lachance

Applicant

-and-

Honda of Canada, Mfg., a division of Honda Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: Kathleen Martin

Date: January 28, 2010

Citation: 2010 HRTO 196

Indexed as: Lachance v. Honda Canada

1This is an Application filed on September 4, 2009, under s. 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the grounds of disability in employment. The respondent filed a Response to the Application requesting early dismissal on the ground that the applicant signed a full and final release with respect to the same matter.

2By letter dated November 3, 2009, the Tribunal wrote to the applicant enclosing the Response and indicating that the applicant could respond to the request for early dismissal within 14 days after November 3, 2009. The applicant did not respond to the Tribunal’s letter.

3Subsequently, by Interim Decision dated December 24, 2009, the Tribunal directed the applicant to file submissions in response to the respondent’s request for early dismissal within 21 days of the Interim Decision and in such submissions explain, among other things, why in his view, he is entitled to pursue the Application given the signed release (2009 HRTO 2260).

4The applicant has not filed any submissions and the time period for doing so has now elapsed.

5The applicant is directed to advise the Tribunal of his intentions in writing with respect to this Application within 10 days of the date of this Interim Decision. If the applicant intends to continue with his Application, he must file at the same time the submissions required by the Tribunal’s Interim Decision, together with an explanation of why he did not file submissions in accordance with the Interim Decision. If the applicant does not indicate his intention in writing to continue with the Application, the Tribunal will deem the applicant to have abandoned the Application and the Application will be dismissed.

6I am not seized.