Okunbo v. Nadiscorp Logistics Group Inc., 2012 HRTO 2238

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ebaita Okunbo

Applicant

-and-

Nadiscorp Logistics Group Inc. and Glenn Morton

Respondents

DECISION

Adjudicator: David Muir

Date: November 29, 2012

Citation: 2012 HRTO 2238

Indexed as: Okunbo v. Nadiscorp Logistics Group Inc.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment on the basis of race, colour, ancestry, place of origin and ethnic origin.

2A summary hearing was held in this Application and an Interim Decision dated July 4, 2012, 2012 HRTO 1308, dismissed a part of the Application as having no reasonable prospect of success. With respect to the remaining allegations, the Interim Decision directed that the applicant provide written submissions on the issue of delay within 21 days of the date of the Interim Decision. The applicant did not respond.

3On September 24, 2012 the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to provide the submissions on the issue of delay within seven days of the date of the CAD. The CAD warned that if the applicant did not provide submissions on the issue of delay within seven days the Application could be dismissed as abandoned.

4The CAD was sent by regular mail to the applicant on September 24, 2012. A further copy of the CAD was sent to him by email on October 30, 2012, once more directing submissions within seven days.

5The applicant has not responded to the CAD sent by regular mail nor did he respond to the copy sent by email and the time for doing so has now passed.

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.