Howson v. Atlas Auto Parts, 2011 HRTO 1835

Human Rights Tribunal of Ontario

B E T W E E N:

Adrian Howson

Applicant

-and-

Atlas Auto Parts, Barry Bailey and Monique Pascall

Respondents

DECISION

Adjudicator: Michelle Flaherty

Date: October 12, 2011

Citation: 2011 HRTO 1835

Indexed as: Howson v. Atlas Auto Parts

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 June 22, 2011, alleging discrimination in employment on the basis of disability.

2On August 17, 2011, the respondents, Atlas Auto Parts, Barry Bailey and Monique Pascall, filed Responses to the Application.

3On August 27, 2011, the applicant filed a Reply to a Response in which he stated at the conclusion of his Reply:

…At this time I am not asking for any further action and the situation has had an ending. Thank you for allowing this process to occur.

4In light of the foregoing, on September 9, 2011, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to indicate in writing to the Tribunal within 10 days of the date of the CAD whether he intended to proceed further with the Application, failing which the Application would be dismissed as abandoned.

5The applicant has not responded to the CAD and the time for doing so has now passed.

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.