HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Dmitri Kirdeev
Applicant
-and-
City of Mississauga
Respondent
Decision
Adjudicator: Ena Chadha
Indexed as: Kirdeev v. City of Mississauga
1The applicant filed this Application with the Tribunal on June 26, 2012 pursuant to section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 (“Code”), as amended alleging discrimination with respect to employment on the basis of record of offences.
2On October 24, 2012, the respondent filed a Response asking the Tribunal to dismiss the Application for the following reasons:
Dismiss the Application on the grounds there is an ongoing court proceeding arising out of the same facts in which the applicant is seeking an order under section 46.1 which has not been finally determined or withdrawn, or which has been settled or where the court has finally determined the issue of whether the right has been infringed. [s. 34(11) of the Code].
Dismiss the Application on the basis the applicant has signed a full and final release with respect to the same issues in dispute.
Dismiss the Application on the basis that another proceeding has appropriately dealt with the substance of this Application. [s.45.1 of the Code].
3By way of cover letter dated November 6, 2012, the Tribunal delivered the Response to the applicant and directed the applicant to file written submissions addressing the respondent’s requests to dismiss as noted above. The applicant was directed to respond to the issues raised in the Response by no later than November 20, 2012. The Tribunal’s letter explicitly stated that a failure to file submissions may be considered an abandonment of the Application and the Application might be dismissed for that reason.
4The applicant has neither responded to the Tribunal’s letter, nor filed submissions addressing the requests to dismiss.
5In the circumstances, the applicant is deemed to have abandoned the Application.
6The Application is dismissed.
Dated at Toronto, this 6th day of December, 2012.
“signed by”
Ena Chadha
Vice-chair