HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
James Smith
Applicant
-and-
Challenger Motor Freight Inc.
Respondent
DECISION
Adjudicator: Josée Bouchard
Indexed as: Smith v. Challenger Motor Freight Inc.
Introduction
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 September 11, 2015.
2On December 17, 2015, the Tribunal emailed the parties a Notice of Request to Dismiss the Application on the basis that the issues in dispute are within exclusive federal jurisdiction.
3The applicant was directed to respond to the Request to Dismiss by January 14, 2016 and warned that failure to respond in writing by the required time may be considered an abandonment of the Application and it might be dismissed for that reason.
4The applicant has not responded to the Request to Dismiss and the time for doing so has now passed. The Tribunal’s email to the applicant 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 2nd day of February, 2016.
”Signed By”
Josée Bouchard
Vice-chair