Maouad v. Bertrand, 2015 HRTO 1732

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jean-Pierre Maouad Applicant

-and-

Marc Bertrand Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: December 29, 2015 Citation: 2015 HRTO 1732 Indexed as: Maouad v. Bertrand

1The applicant filed an Application alleging discrimination because of race, ethnic origin and age contrary to the Human Rights Code, R.S.O. 1990 c. H. 19 as amended (the “Code”). In the Application, the applicant indicated that he had also filed a grievance under his collective agreement.

2On December 22, 2014, the Tribunal issued a Notice of Intent to Defer (“NOID”) the Application pending the resolution of another legal proceeding dealing with the subject-matter of the Application. In the NOID, the Tribunal sought submissions from the parties in relation to the NOID no later than January 22, 2015. The respondent advised the Tribunal that he supported the deferral. The applicant did not respond to the NOID.

3By letter dated February 2, 2015, the Tribunal confirmed that the Application was deferred pending the resolution of another legal proceeding dealing with the subject-matter of the Application.

4On October 29, 2015, the Tribunal wrote to the applicant to ask whether the other proceeding remained ongoing and to seek an estimate as to when it might be completed. The Tribunal advised the applicant that he had to provide the requested information to the Tribunal within 30 days of the letter, failing which his Application might be dismissed as abandoned. The Tribunal sent the October 29, 2015 letter to the applicant by mail at the address listed in the Application.

5The applicant did not respond to the letter.

6By letter dated December 2, 2015, the Tribunal noted that the applicant had failed to respond to its previous letter. It provided him until December 16, 2015 to provide the information requested in the Tribunal’s October 29, 2015 letter, failing which his Application might be dismissed as abandoned. The Tribunal sent the December 2, 2015 letter to the applicant by courier at the address listed on the Application and by e-mail at the e-mail address listed on the Application.

7The applicant did not respond to the Tribunal’s December 2, 2015 letter.

ORDER

8Due to the applicant’s failure to respond to the Tribunal’s two letters, his Application is dismissed as abandoned.