Jay Deming v. PCL Constructors Inc., 2013 HRTO 218

Human Rights Tribunal of Ontario

Between:

Jay Deming Applicant

-and-

PCL Constructors Inc. Respondent

Decision

Adjudicator: David Muir Date: February 6, 2013 Citation: 2013 HRTO 218 Indexed as: Deming v. PCL Constructors Inc.

1This is an Application filed under section 34 of Part IV 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 respondents filed a Response (Form 2) to the Application. The applicant has not filed a Reply to the Response (Form 3).

3The respondents filed a Request for Summary Hearing on December 12, 2012, to which the applicant did not respond.

4In a Case Assessment Direction issued on January 15, 2013, the applicant was directed to file a response to the Request for Summary Hearing. The applicant has not complied with this Direction and has had no contact with the Tribunal for some time.

5The filing of an Application commences a legal proceeding which engages significant public and private resources. A finding that a violation of the Code has occurred may lead to various orders, including monetary compensation, other forms of restitution to the applicant, and orders to take action to promote compliance with the Code. It is the Tribunal's expectation that the parties to an Application will participate in the process. This includes responding to issues as they arise in the course of the proceeding. The applicant's failure to respond to the respondent's Request and the Tribunal's subsequent Direction indicates that this Application has been abandoned and accordingly it is dismissed.