Chris Estabrooks v. Sobeys Whitby Retail Support Centre, 2016 HRTO 1156

Human Rights Tribunal of Ontario

B E T W E E N:

Chris Estabrooks Applicant

-and-

Sobeys Whitby Retail Support Centre Respondent

DECISION

Adjudicator: Jennifer Khurana Date: August 31, 2016 Citation: 2016 HRTO 1156 Indexed as: Estabrooks v. Sobeys Whitby Retail Support Centre

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination with respect to employment because of disability.

2The respondent filed its Response to the Application and asked that the Tribunal dismiss the Application on the basis that the applicant signed a full and final release with respect to the same issues in dispute. By letter dated July 18, 2016, sent by both mail and email, the applicant was directed to respond to the request to dismiss. The applicant was warned that if he failed to respond the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

3On August 8, 2016 the applicant requested a 7 day extension to respond to the request and to file a Reply signifying that he received the July 18, 2016 letter from the Tribunal. The Tribunal granted the applicant’s extension request until August 15, 2016.

4The applicant has not responded and the time for doing so has now passed. In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.