Laurier Madore v. Sears Canada, 2011 HRTO 613

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Laurier Madore

Applicant

-and-

Sears Canada

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: March 29, 2011

Citation: 2011 HRTO 613

Indexed as: Madore v. Sears Canada

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 January 17, 2011, in which he alleged discrimination in employment because of sexual solicitation or advances.

2On February 17, 2011, the Tribunal sent a Notice of Intent to Dismiss (“NOID”) to the Applicant. The NOID informed the applicant that the Application appeared to be outside the Tribunal’s jurisdiction because he did not provide any information about how he experienced an unwelcome sexual solicitation or advance within the meaning of section 7(3)(a) of the Code. The NOID stated that the applicant must provide written submissions regarding this jurisdictional issue by March 21, 2011, failing which the Tribunal may consider the Application to be abandoned.

3As of the date of this Decision, the applicant has not responded to the NOID. In the circumstances, the applicant is deemed to have abandoned the Application.

4The Application is dismissed.