Mike Monteleone v. William Osler Health System and Cathy Renaud, 2012 HRTO 1216

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mike Monteleone

Applicant

-and-

William Osler Health System and Cathy Renaud

Respondents

DECISION

Adjudicator: Ena Chadha

Date: June 21, 2012

Citation: 2012 HRTO 1216

Indexed as: Monteleone v. William Osler Health System

1This Application was filed on February 16, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges that he was subjected to disability discrimination and dismissed because the respondents did not want to provide workplace accommodation and/or because the respondents did not want him to file a Workplace Safety and Insurance claim.

2On April 19, 2012, the respondents filed a Response asking the Tribunal to dismiss the Application pursuant to section 45.1 of the Code on the basis that another proceeding has appropriately dealt with the substance of the Application. The respondents submit that a Ministry of Labour Employment Standards investigation and decision with respect to the applicant’s allegations determined that the applicant was guilty of wilful misconduct. The respondents submit that the issues raised in the Application have been determined through the Ministry of Labour proceeding and to allow the Application to proceed would be an abuse of process.

3On April 23, 2012, the Tribunal issued a letter providing the applicant with notice of the respondents’ Response and request to dismiss. The letter indicated that the applicant was required to file a Reply to the Response and submissions addressing the respondents’ request to dismiss. The letter noted that the applicant was required to file his Reply and response submissions on or before May 7, 2012, and that failure to file submissions by that date may be considered to be an abandonment of the Application. The letter stated that in the circumstances of an abandonment the Tribunal may dismiss the Application for that reason.

4The applicant did not file a Reply or submissions in response to the respondents’’ request to dismiss. The applicant has not responded to the Tribunal’s correspondence and the timeline for doing so has elapsed.

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

6Accordingly, the Application is dismissed as abandoned.