Jones v. 2032135 Ontario Inc., 2013 HRTO 163

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Curnel Jones

Applicant

-and-

2032135 Ontario Inc. o/a Sports Nutrition Depot Toronto

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: January 29, 2013

Citation: 2013 HRTO 163

Indexed as: Jones v. 2032135 Ontario Inc.

1This is an Application filed 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 because of disability.

2The respondent filed a Request for Order During Proceedings (“RFOP”) seeking the dismissal of the Application pursuant to section 45.1 of the Code because it claims that the substance of the Application has been appropriately dealt with in another proceeding.

3The applicant did not respond to this RFOP.

4On December 21, 2012, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to deliver and file a Response (Form 11) to the respondents’ RFOP together with an explanation for his failure to do so in a timely way, within 14 days of the date of the CAD, failing which the applicant was advised that his Application may be dismissed as abandoned.

5The applicant has not responded to the CAD 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.