Barth v. OC Transpo, 2012 HRTO 768

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lorne Barth

Applicant

-and-

OC Transpo, City of Ottawa and Her Majesty the Queen in Right of Ontario as represented by the Minister of Health

Respondents

DECISION

Adjudicator: Maureen Doyle

Date: April 17, 2012

Citation: 2012 HRTO 768

Indexed as: Barth v. OC Transpo

1This is an Application filed on June 24, 2011, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleged that the respondents discriminated against him on the basis of disability in the provision of goods, services and facilities.

2On January 31, 2012, the Tribunal issued a Case Assessment Direction (“CAD”) stating that after reviewing the allegations, it appeared that the Application may be outside the Tribunal’s jurisdiction. In particular, it stated that the allegations against the respondent OC Transpo may be outside the Tribunal’s jurisdiction because the respondent appears to be a federally-regulated business of service. Further, the CAD stated that the allegations against the City of Ottawa and the Government of Ontario may be outside the Tribunal’s jurisdiction because the Application and narrative setting out the incidents of alleged discrimination failed to identify any specific acts of discrimination within the meaning of the Code allegedly committed by those respondents.

3The CAD directed the applicant to provide written submissions setting out why, in his opinion, the Application falls within the Tribunal’s jurisdiction, in light of the issues identified. It directed the applicant to provide his submissions within three weeks of the date of the CAD.

4The CAD stated that if the applicant did not “file written submissions by the required time the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason”.

5The Tribunal has received no submissions or correspondence from the applicant.

6In the circumstances, the Tribunal deems the Application abandoned and it is dismissed.