Lamont Hunter v. OC Transpo, 2016 HRTO 1592

Human Rights Tribunal of Ontario

BETWEEN:

Lamont Hunter Applicant

-and-

OC Transpo Respondent

DECISION

Adjudicator: David Muir Date: December 9, 2016 Citation: 2016 HRTO 1592 Indexed as: Hunter v. OC Transpo

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 August 31, 2016.

2On November 7, 2016, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the Application may be outside of the Tribunal’s jurisdiction to decide. The NOID was sent by email and regular mail to the mailing address provided by the applicant and was not returned to the Tribunal.

3The applicant was directed to provide his written submissions in response to the NOID before December 7, 2016. The applicant was further advised that if he did not provide written submissions by the required time, the Tribunal may make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.

4Although not required to do so, the respondent provided submissions in support of the dismissal of the Application as being outside of the Tribunal’s jurisdiction to decide. The respondent argued persuasively that the subject matter of the dispute is within federal jurisdiction and therefore a matter perhaps for the Canadian Human Rights Commission.

5The applicant did not respond to the NOID and the time for doing so has passed. The applicant has not otherwise communicated with the Tribunal.

6In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.