Moncton v. Steam Plus Carpet & Janitorial Cleaning Inc., 2015 HRTO 627

Human Rights Tribunal of Ontario

B E T W E E N:

Michael Moncton Applicant

-and-

Steam Plus Carpet & Janitorial Cleaning Inc. and Andy Nikolopoulos Respondents

DECISION

Adjudicator: Naomi Overend Date: May 13, 2015 Citation: 2015 HRTO 627 Indexed as: Moncton v. Steam Plus Carpet & Janitorial Cleaning 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”), on December 12, 2014, and the respondents delivered a Response on March 3, 2015 asking that this Application be dismissed on the basis that another proceeding had appropriately dealt with the substance of the Application.

2On March 25, 2015, the Tribunal issued a Delivery of Response and Notice of Request to Dismiss. The applicant was directed to file a Reply, specifically responding to the issue raised in the Response, by no later than April 8, 2015. The Notice advised the applicant that failure to file written submissions on the respondents’ request to dismiss may be considered an abandonment of the Application and it might be dismissed for that reason.

3A follow-up letter was sent on April 20, 2015, directing the applicant to file a Reply with complete submissions by May 4, 2015. The applicant was warned that failure to provide written submissions by the deadline would result in his Application being dismissed as abandoned.

4The applicant did not respond to the either the Notice or the follow-up letter 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.