Lowe v. CP Railway, 2010 HRTO 524

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brian Lowe

Applicant

-and-

CP Railway-Cando

Respondent

DECISION

Adjudicator: Alison Renton

Date: March 10, 2010

Citation: 2010 HRTO 524

Indexed as: Lowe v. CP Railway

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), on September 14, 2009 alleging discrimination in employment on the basis of disability.

2On October 20, 2009, the Tribunal sent the applicant a Notice of Intent to Dismiss because the respondent appeared to be a federally regulated business. The letter directed the applicant to file written submissions within 30 days to explain why he believed the Application is within the Tribunal’s jurisdiction. The applicant did not respond.

3The Tribunal issued an Interim Decision, 2010 HRTO 36, directing the applicant to file submissions within 30 days of the date of the Interim Decision on the issue of the Tribunal’s jurisdiction to deal with the Application. The applicant was advised that if he failed to provide written submissions the Application would be dismissed as abandoned.

4The applicant has not responded to the Interim Decision or otherwise communicated with the Tribunal and the time for doing so has now passed.

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