Margaret Domingo v. Garda Canada Security Corporation, 2012 HRTO 2078

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Margaret Domingo

Applicant

-and-

Garda Canada Security Corporation

Respondent

DECISION

Adjudicator: Leslie Reaume Date: October 31, 2012 Citation: 2012 HRTO 2078 Indexed as: Domingo v. Garda Canada Security Corporation

INTRODUCTION

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment because of creed.

2The respondent sent a letter to the Tribunal dated June 15, 2012, asking for the Application to be dismissed on the basis that the respondent falls exclusively within federal jurisdiction.

3On June 18, 2012, the Tribunal sent the applicant a copy of the respondent's June 15, 2012 letter. The Tribunal's letter directed the applicant to make submissions in relation to the jurisdictional issue by July 3, 2012. The Tribunal's letter also indicated that if the applicant did not file written submissions by the required time, the Tribunal may consider the failure to respond as abandonment and dismiss the Application for that reason.

4The National Organized Worker's Union ("NOWU"), the applicant's bargaining agent, made a Request for Order ("Request") to have the Application dismissed on the same grounds as the respondent. The Request was served on the applicant. In accordance with the Tribunal's Rules, the applicant had 14 days to file a Form 11 in response to the Request. The applicant did not file a response.

5The Tribunal issued an interim decision on July 17, 2012, seeking further information from the respondent (2012 HRTO 1394). The respondent provided further information on August 20, 2012.

6In all of the circumstances I have concluded that it is unnecessary to decide the jurisdictional issue. The applicant has not filed any submissions in support of continuing this Application either as directed by Tribunal or in response to the Request filed by her bargaining agent. The applicant has not communicated with the Tribunal since the Application was completed. As a result, I conclude that the applicant has abandoned the Application.

7Accordingly, the Application is dismissed.