Miguel Valencia v. Ontario Power Generation, 2013 HRTO 1675

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Miguel Valencia

Applicant

-and-

Ontario Power Generation

Respondent

-and-

Power Workers Union

Affected Party

DECISION

Adjudicator: David Muir

Date: October 4, 2013

Citation: 2013 HRTO 1675

Indexed as: Valencia v. Ontario Power Workers

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2The respondent filed a Request for Order During Proceeding (“Request”) on August 19, 2013 seeking the early dismissal of the Application because it is outside of the Tribunal’s jurisdiction because the issues arising in this Application are within Federal and not provincial jurisdiction. The applicant did not respond to the Request. The affected party, a trade union which has represented the applicant in his employment relations with the respondents, has also indicated that it believes the Application is outside of the Tribunal’s jurisdiction.

3On September 19, 2013 the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant The applicant was directed to deliver and file a Response (Form 11) to the respondents’ Request for a Summary Hearing together with an explanation for his failure to do so in a timely way, no later than 7 days from the date of the CAD and was warned that if the applicant failed to file written submissions by the required deadline the Tribunal might consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

4The applicant has not responded to the CAD 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.