HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Amanda Brinkman
Applicant
-and-
Moe’s Transport Trucking Inc.
Respondent
DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Brinkman v. Moe’s Transport Trucking Inc.
WRITTEN SUBMISSIONS
Moe’s Transport Trucking Inc., Respondent
Mourice Faddoul, Representative
Introduction
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 made a Request for Early Dismissal (“the Request”) alleging that the issues in this Application are within exclusive federal jurisdiction.
3The Response was sent to the applicant on July 24, 2013, and the Tribunal advised her of the Request. The applicant’s Response to the Request was to be filed by August 7, 2013, but she was granted an extension to September 1, 2013.
4The applicant did not file her Response, and a Case Assessment Direction (“CAD”) was issued on September 17, 2013, advising her that if she did not respond by October 4, 2013, her Application may be dismissed as abandoned.
5The applicant did not respond to the CAD and has not made any further contact with the Tribunal.
decision
6Having reviewed this matter, I am satisfied that the applicant has abandoned the Application since the applicant has not complied with the direction in the CAD. The applicant was warned in the CAD that a failure to respond could result in her Application being dismissed as abandoned.
7The Application is dismissed.
Dated at Toronto, this 18th day of October, 2013.
“Signed by”
Dawn J. Kershaw
Vice-chair