Emerence Miakanda v. Bell Canada, 2011 HRTO 1631

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Emerence Miakanda

Applicant

-and-

Bell Canada

Respondent

DECISION

Adjudicator: Ena Chadha

Date: August 31, 2011

Citation: 2011 HRTO 1631

Indexed as: Miakanda v. Bell Canada

1The applicant filed an Application on April 11, 2011 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On June 10, 2011, the Tribunal issued a Notice of Intent to Dismiss (“Notice”) to the applicant. The Notice advised the applicant that the Application appeared to be outside the Tribunal’s jurisdiction because the respondent appeared to be a federally regulated business. The Notice also indicated that the Application failed to identify any specific acts of discrimination allegedly committed by the respondent in relation a Code-protected ground. The Notice directed the applicant to provide written submissions on or before July 12, 2011 addressing these jurisdictional issues.

3The Tribunal’s Notice further indicated that, if the applicant did not file written submissions by the required time, the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

4The applicant did not respond to the Tribunal’s Notice and did not file written submissions in accordance with the deadline set out in the Notice. In the circumstances, the applicant is deemed to have abandoned the Application.

5Accordingly, the Application is dismissed.