Human Rights Tribunal of Ontario
B E T W E E N:
Matthew King
Applicant
-and-
Algoma Seamless Tubular Inc., Christena Laitinen, Luke Krmpotich and Brent Moss
Respondents
decision
Adjudicator: Keith Brennenstuhl
Indexed as: King v. Algoma Seamless Tubular Inc.
1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H. 19 as amended (the “Code”) alleging discrimination in employment on the basis of disability.
2The respondents filed a Response denying the allegations of discrimination and requesting that the Application be dismissed pursuant to section 45.1 of the Code on the basis that another proceeding has appropriately dealt with the subject-matter of the Application.
3By letter from the Registrar of the Tribunal dated December 1, 2011 the applicant was invited to make submissions in his Reply with respect to the respondents’ request by no later than December 15, 2011. The letter indicated that the Tribunal “may consider the failure to file a Reply in these circumstances as an abandonment of your Application and dismiss the Application for that reason”. By letter from the Registrar dated December 13, 2011 the applicant’s request for an extension to January 30, 2012 to complete and deliver a Reply was granted subject to the “remaining requirements in the HRTO’s December 1, 2011 letter”.
4The applicant has not filed a Reply or otherwise responded to the Tribunal’s correspondence following its December 13, 2012 letter 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.
Dated at Toronto, this 22nd day of February, 2012.
“Signed by”
Keith Brennenstuhl
Vice-chair