HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
George Dymond
Applicant
-and-
Maxwell Paper Canada Inc., Ken Hill, Melia Macanovic and Gregory Landon
Respondents
DECISION
Adjudicator: Michelle Flaherty
Indexed as: Dymond v. Maxwell Paper Canada Inc.
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 December 15, 2010 alleging reprisal in employment for refusing to work on Thanksgiving.
2On May 16, 2011, the respondents, Maxwell Paper Canada Inc., Gregory Landon, and Ken Hill filed a Response to the Application.
3On August 17, 2011, the Tribunal issued a Case Assessment Direction (“CAD”) indicating that based on the Application and the Response it appeared to the Tribunal that the Application may be outside the Tribunal’s power to decide as it appeared that the applicant did not allege reprisal within the meaning of the Code. The applicant was directed to respond to the issues raised in the CAD by no later than 21 days of the date of the CAD. The CAD advised the applicant that failure to respond to the CAD may be considered an abandonment of the Application and it might be dismissed for that reason.
4The applicant has not responded to the CAD and the time for doing so has now passed.
5In the circumstances, the applicant is deemed to have abandoned the Application.
6The Application is dismissed.
Dated at Toronto, this 12th day of October, 2011.
“signed by”
Michelle Flaherty
Vice-chair