Davis v. C & R Transmission Services Ltd., 2014 HRTO 485

Human Rights Tribunal of Ontario

BETWEEN:

Clement Davis Applicant

-and-

C & R Transmission Services Ltd. Respondent

DECISION

Adjudicator: Jennifer Scott Date: April 8, 2014 Citation: 2014 HRTO 485 Indexed as: Davis v. C & R Transmission Services Ltd.

Introduction

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on February 18, 2014.

2On February 28, 2014, the Tribunal issued 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 because it was filed more than one year after the last incident of discrimination described in the Application and the applicant did not cite facts that constitute “good faith” within the meaning of s. 34(1) of the Code. The applicant was directed to respond to the issues raised in the NOID by no later than March 31, 2014. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

3The applicant has not responded to the NOID and the time for doing so has now passed.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.