McMahon v. Wolseley Barracks Warrant Officers’ and Sergeants’ Mess, 2010 HRTO 2301

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joy McMahon Applicant

-and-

Wolseley Barracks Warrant Officers’ and Sergeants’ Mess Respondent

DECISION

Adjudicator: Ena Chadha

Date: November 18, 2010

Citation: 2010 HRTO 2301

Indexed as: McMahon v. Wolseley Barracks Warrant Officers’ and Sergeants’ Mess

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (“Code”), on June 16, 2010 alleging discrimination with respect to employment on the basis of record of offences.

2By correspondence dated August 11, 2010, the Tribunal issued a Notice of Intent to Dismiss which advised the applicant that, based on a review of the Application and narrative, it appeared the Application was outside of the Tribunal’s jurisdiction as it appeared the respondent was a federally regulated business. The Tribunal further noted that the Application failed to describe how the respondent’s behaviour related to the ground of “record of offences” as defined under section 10(e) of the Code.

3The Tribunal directed the applicant to provide written submissions within 30 days from August 11, 2010 as to the issue of the Tribunal’s jurisdiction. 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.

4The applicant has not responded to the Tribunal’s correspondence and the timeline for providing written submissions has elapsed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6Accordingly, the Application is dismissed.