Wade Norman v. Nortrax Canada Inc., 2011 HRTO 1809

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wade Norman

Applicant

-and-

Nortrax Canada Inc.

Respondent

DECISION

Adjudicator: Ken Bhattacharjee

Date: October 5, 2011

Citation: 2011 HRTO 1809

Indexed as: Norman v. Nortrax Canada

1On March 8, 2011, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), which alleged that the respondent discriminated against him with respect to employment because of his disability.

2On April 29, 2011, the respondent filed a Response, which requested an early dismissal of the Application as an abuse of process because the applicant signed a full and final release with respect to the same matter on March 18, 2011. The respondent stated that the release, which the applicant signed 10 days after he filed his human rights Application, expressly released the respondent from any and all claims or complaints under the Code.

3On May 17, 2011, the Tribunal sent the applicant a letter which enclosed the Response, and directed him to file a Response to a Request for an Order During Proceedings by no later than May 31, 2011 to address the respondent’s request for an early dismissal of his Application. The letter also stated that the Tribunal may consider a failure to respond as an abandonment of the Application, and dismiss the Application.

4To date, the applicant has not responded to the Tribunal’s correspondence, or otherwise contacted the Tribunal.

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