Scott Senakovicz v. Domtar Inc., 2014 HRTO 1294

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Scott Senakovicz Applicant

-and-

Domtar Inc. Respondent

DECISION

Adjudicator: Paul Aterman
Date: September 3, 2014
Citation: 2014 HRTO 1294
Indexed as: Senakovicz v. Domtar Inc.

1This Application alleges discrimination with respect to employment because of age contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On July 9, 2014, the Tribunal sent the applicant a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appears to be outside the Tribunal’s power to decide. The reason for this is that under s.34 of the Code the Tribunal will not accept an application that has been filed more than a year after the last alleged incident of discrimination, unless it is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.

3The applicant was invited to make submissions on the jurisdictional issue by August 8, 2014. He was advised that if he failed to do so, the Tribunal could decide to dismiss his Application based only on the information before it, or it could consider his failure to provide submissions as an abandonment of his Application. The NOID, which was sent by regular mail, has not been returned as undeliverable to the Tribunal.

4Thereafter the Tribunal resent the NOID, this time by email, and gave the applicant until August 22, 2014 to make submissions.

5The applicant has failed to make any submissions and the time for doing so has now passed. I have no reason to think that he did not receive the NOID.

6As the applicant has failed to respond to the NOID, I determine that he has abandoned his Application.

ORDER

7The Application is dismissed.