Tapak v. Industrial Tools and Supplies (Windsor) Inc., 2010 HRTO 735

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

James Tapak Applicant

-and-

Industrial Tools and Supplies (Windsor) Inc., Bruce Lee and George McKee Respondents

DECISION

Adjudicator: Alison Renton Date: April 1, 2010 Citation: 2010 HRTO 735 Indexed as: Tapak v. Industrial Tools and Supplies (Windsor)

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), on November 18, 2009, alleging the respondent discriminated against the applicant on the basis of disability and record of offences in respect of employment.

2On February 1, 2010, the Tribunal issued a Notice of Intent to Dismiss to the applicant on the basis that it appeared the Application was filed more than one year after the last incident of discrimination described in the Application and because a civil proceeding appeared to have been commenced in a court in which the applicant was seeking an order under section 46.1 with respect to the alleged Code infringement and the proceeding has not been finally determined or withdrawn. The Tribunal directed that the applicant provide written submissions responding to these issues within 30 days of February 1, 2010. The applicant was advised that if he did not file written submissions by the required time, the Tribunal may consider the failure to respond as an abandonment of his Application and dismiss the Application on that basis.

3The applicant has not provided any submissions and the time for doing so has elapsed.

4In the circumstances, the Tribunal deems the Application abandoned and it is accordingly dismissed.