David Costello v. Bell Technical Solutions Inc., 2013 HRTO 557

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Costello

Applicant

-and-

Bell Technical Solutions Inc.

Respondent

DECISION

Adjudicator: Naomi Overend

Date: April 4, 2013

Citation: 2013 HRTO 557

Indexed as: Costello v. Bell Technical Solutions Inc.

1The applicant filed an Application 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.

2On February 13, 2013 the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to provide submissions on whether the Application falls outside the Tribunal’s jurisdiction in light of the Tribunal’s decision in Swift v. Bell Technical Solutions, 2013 HRTO 210.

3The applicant was directed to make submissions within four weeks of the date of the CAD and was warned that if he 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.