Kevan Carroll v. CAW, Local 444, 2012 HRTO 2022

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kevan Carroll Applicant

-and-

CAW, Local 444 Respondent

DECISION

Adjudicator: Naomi Overend Date: October 24, 2012 Citation: 2012 HRTO 2022 Indexed as: Carroll v. CAW, Local 444

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination with respect to employment because of disability.

2On August 2, 2012, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to provide submissions on whether the Application might be outside of the Tribunal’s jurisdiction as a matter within exclusive federal jurisdiction.

3The applicant was directed to deliver to the respondent and file with the Tribunal his submissions explaining why he takes the position that the Application falls within the Tribunal’s jurisdiction, no later than thirty days from the date of the CAD. The Tribunal also indicated that if the applicant failed to file written submissions by the required deadline, the Tribunal might consider the failure to respond as an abandonment of the Application and dismiss the Application 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.