James Plender v. KGC Trucking, 2013 HRTO 1895

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

James Plender

Applicant

-and-

KGC Trucking

Respondent

DECISION

Adjudicator: Paul Aterman
Date: November 14, 2013
Citation: 2013 HRTO 1895
Indexed as: Plender v. KGC Trucking

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 race, colour, sex and sexual orientation.

2The respondent filed a Response to this Application. The Response describes the respondent as follows:

KGC is a refrigerated trucking transport company operating throughout Canada and the United States.

3This statement raises the issue of whether the respondent is engaged in inter-provincial trucking. That in turn raises the question of whether the Application is outside the Tribunal’s jurisdiction because the Code only applies to matters that fall within provincial, rather than federal, jurisdiction. Pursuant to paragraph 92(10)(a) of the Constitution Act, 1867, transportation works and undertakings that extend beyond the limits of the province are within federal jurisdiction. Human rights matters that fall within federal jurisdiction are covered by the Canadian Human Rights Act, R.S.C. 1985, c.H-6.

4The parties were directed to provide submissions on this issue in a Case Assessment Direction (“CAD”) dated September 20, 2013, followed by a second CAD on November 4, 2013. The applicant was advised that if he did not provide submissions in accordance with the deadline set by the Tribunal his Application could be dismissed as abandoned.

5The applicant has not provided any submissions and the time for doing so has now passed. There is nothing to indicate that the applicant did not receive the CADs sent by the Tribunal. As he has failed to provide submissions despite being directed to do so, I determine that he has abandoned his Application.

order

6The Application is dismissed.