Powell v. Toronto Transit Commission, 2016 HRTO 1085

Human Rights Tribunal of Ontario

B E T W E E N:

Michael Powell Applicant

-and-

Toronto Transit Commission Respondent

DECISION

Adjudicator: Naomi Overend Date: August 15, 2016 Citation: 2016 HRTO 1085 Indexed as: Powell v. Toronto Transit Commission

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 May 18, 2016.

2On June 2, 2016, the applicant settled a related grievance, which the respondent enclosed in its Response to his Application. On July 14, 2016, the Tribunal issued a Delivery of Response and Notice of Request to Dismiss directing the applicant to specifically respond to the respondent’s request to dismiss his Application on the basis that he had filed a full and final release with respect to the same issues in dispute. The applicant was directed to respond by no later than August 4, 2016. The letter advised the applicant that failure to respond to it may be considered an abandonment of the Application and it might be dismissed for that reason.

3The applicant has not responded to the letter 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.