Human Rights Tribunal of Ontario
BETWEEN:
Gerald Oram Applicant
-and-
374872 Ontario Ltd. o/a Transport Sales and Service Respondent
Decision
Adjudicator: David Muir Date: September 28, 2012 Citation: 2012 HRTO 1858 Indexed as: Oram v. 374872 Ontario Ltd.
1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on September 14, 2011. A Response filed May 1, 2012, asked the Tribunal to dismiss the Application on the basis that the issues in dispute are within exclusive federal jurisdiction. In a letter dated May 10, 2012, the Registrar delivered the Response and asked the applicant to respond to the Request to Dismiss by completing a Form 11, Response to Request for Order During Proceedings. By letter dated May 24, 2012, the Registrar granted the applicant an extension to file a “reply” (or response to the Request to Dismiss) until July 9, 2012. No response has been received and the time for responding has elapsed.
2In a Case Assessment Direction dated August 21, 2012 the applicant was directed to immediately file his response to the Request to Dismiss as originally requested in the Tribunal’s letter of May 10, 2012. The applicant was further advised that if did not file a response within 14 days of the date of the Case Assessment Direction, the Application may be dismissed as abandoned.
3As of this writing the applicant has not complied with the Tribunal’s directions and has not filed a response to the Request to dismiss the Application. In all of the circumstances it appears that the applicant has abandoned this Application and it should be dismissed for that reason.
Dated at Toronto, this 28th day of September, 2012.
“signed by”
________________________________ David Muir Vice-chair