HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Tamara Martinez
Applicant
-and-
Ottawa Catholic Family Services
Respondent
DECISION
Adjudicator: Josée Bouchard
Indexed as: Martinez v. Ottawa Catholic Family Services
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 25, 2016.
2On July 11, 2016, the Tribunal issued by email, and on July 12, 2016, by mail, a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appears to be outside the Tribunal’s jurisdiction. More particularly, the Application fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent. The Tribunal does not have jurisdiction over general allegations of unfairness unless the unfairness is connected, in whole or in part, to one of the grounds specifically set out in the Code (e.g. race, disability and age). See Forde v. Elementary Teachers’ Federation of Ontario, 2011 HRTO 1389.
3The applicant was directed to respond to the NOID by August 11, 2016 and warned that failure to respond may be considered an abandonment of the Application and it might be dismissed for that reason.
4The applicant has not responded to the NOID, the time for doing so has now passed and the NOID has not been returned as undeliverable.
5In the circumstances, the applicant is deemed to have abandoned the Application.
6The Application is dismissed.
Dated at Toronto, this 22th day of August, 2016.
“Signed by”
Josée Bouchard
Vice-chair