Abay v. Bell Technical Solutions Inc., 2013 HRTO 511

Human Rights Tribunal of Ontario

B E T W E E N:

Andres Abay Applicant

-and-

Bell Technical Solutions Inc. Respondent

DECISION

Adjudicator: Naomi Overend Date: March 26, 2013 Citation: 2013 HRTO 511 Indexed as: Abay v. Bell Technical Solutions Inc.

1This is an Application filed on September 28, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment.

2On February 13, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to provide submissions concerning whether the Application fell outside the Tribunal’s jurisdiction. Specifically, the applicant was to provide submissions in light of the Tribunal’s decision in Swift v. Bell Technical Solutions, 2013 HRTO 210, which found that the respondent’s employment relations fall under federal jurisdiction.

3The CAD advised the applicant that if he did not make submissions by the required time (within four weeks from the date of the CAD), his Application may be dismissed as abandoned.

4The applicant has not provided any submissions and the time for doing so has elapsed.

5In the circumstances, the Tribunal deems the Application abandoned and it is dismissed.