HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jim Tampoulhanas
Applicant
-and-
City of Toronto
Respondent
-and-
Canadian Union of Public Employees, Local 79
Affected Party
DECISION
Adjudicator: David Muir
Indexed as: Tampoulhanas v. Toronto (City)
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.
2This case was deferred in 2010 HRTO 2405 pending the conclusion of a grievance arbitration. The arbitration has concluded and a decision rendered.
3The respondents filed a Request for Order and a Request for Summary Hearing on November 19, 2013. The respondent seeks to reactivate the Application for purposes of seeking its dismissal pursuant to section 45.1 of the Code. The applicant did not respond to either Request and the time for doing so has passed.
4In a Case Assessment Direction issued on December 5, 2013, the applicant was directed to deliver and file a Response (Form 11) to the respondents’ Requests together with an explanation for his failure to do so in a timely way, within 14 days of the date of the Direction, failing which this Application may be dismissed as abandoned.
5The applicant has not responded to this latter Direction and has not communicated with the Tribunal in any way. In all of the circumstances it appears that the applicant has abandoned this Application and accordingly it is dismissed.
[6] I am not seized.
Dated at Toronto, this 7th day of January, 2014.
“Signed by”
David Muir
Vice-chair