Felix v. Comware Radiant Communications, 2016 HRTO 1524

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hans Felix

Applicant

-and-

Comware Radiant Communications, Lisa Nussbaum and Rene Hernandez

Respondents

DECISION

Adjudicator: Laurie Letheren

Date: November 28, 2016

Citation: 2016 HRTO 1524

Indexed as: Felix v. Comware Radiant Communications

WRITTEN SUBMISSIONS

Hans Felix, Applicant

Self-represented

Comware Radiant Communications, Lisa Nussbaum and Rene Hernandez, Respondents

Gregory Power, Counsel

1This Application filed on August 12, 2015, alleges discrimination with respect to employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On January 22, 2016, the Tribunal deferred this Application pending the outcome of the applicant’s claim filed under the Employment Standards Act.

3On June 8, 2016, the applicant sent an email to the Tribunal requesting that the Application proceed as the claim filed under the Employment Standards Act was complete and a decision on the claim had been issued. The applicant attached a copy of the decision of an Employment Standards Officer dated January 26, 2016.

4On July 27, 2016, the Tribunal wrote to the applicant, in response to his email, and directed the applicant to comply with the Tribunal’s Rules of Procedure and serve and file a Request for Order During Proceedings (Request) to re-activate the Application and deliver the relevant documents to the respondent and the Tribunal.

5On September 8, 2016 the Tribunal issued a Case Assessment Direction in which the applicant was directed to serve on the respondent and file with the Tribunal a Form 10, Request for Order During Proceedings (Request) and indicate his reasons for requesting that this Application be re-activated.

6Rule 14.4 of the Tribunal’s Rules of Procedure (Rules) states:

Where an Application was deferred pending the outcome of another legal proceeding, a request to proceed under Rule 14.3 must be filed no later than 60 days after the conclusion of the other proceeding, must set out the date the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

7More than 60 days have passed since the conclusion of the claim made to the Ministry of Labour and the applicant has not filed a Request in accordance with the Rules.

8In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

9The Application is dismissed as abandoned