HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
John Mombourquette
Applicant
-and-
Workplace Safety and Insurance Board
Respondent
DECISION
Adjudicator: David A. Wright Date: December 24, 2012 Citation: 2012 HRTO 2395 Indexed as: Mombourquette v. Workplace Safety and Insurance Board
1The applicant originally filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on July 29, 2009.
2On May 10, 2012, the Tribunal issued an Interim Decision reactivating the Application and directing that the respondent WSIB identify any preliminary issues that it wanted the Tribunal to consider, if any, and to make submissions on any such issues within 21 days of the Interim Decision. The applicant was provided with a further 14 days following the respondent’s submissions to provide his response to those issues. The Interim Decision stated that following receipt of any such submissions or after the time for making submissions had elapsed, the Tribunal “may determine any preliminary issues identified or issue further directions”.
3The respondent identified preliminary issues for consideration by the Tribunal and mailed its submissions directly to the applicant in June 2012. As of September, 2012, the applicant had not provided its submissions by way of response to the respondent’s submissions regarding preliminary issues.
4On September 19, 2012, the Tribunal issued a Case Assessment Direction (CAD) directing the applicant to respond to the respondent’s submissions regarding preliminary issues within 7 days of the CAD, or otherwise to advise the Tribunal and the respondent as to whether he intended to continue with this Application. The Tribunal went on to state that if the applicant did not file submissions within 7 days of the date of the CAD, or otherwise advise the Tribunal and the respondent as to whether he intended to continue with this Application, the Tribunal may dismiss this Application as abandoned.
5The Tribunal has not received any submissions from the applicant nor has the applicant advised the Tribunal and the respondent as to whether he intended to continue with this Application, 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.
Dated at Toronto, this 24th day of December, 2012.
”signed by”
David A. Wright
Associate Chair