Robert Hill v. Toronto Transit Commission, 2016 HRTO 228

Human Rights Tribunal of Ontario

B E T W E E N:

Robert Hill Applicant

-and-

Toronto Transit Commission Respondent

-and-

Amalgamated Transit Union Local 113 Affected Party

DECISION

Adjudicator: Jennifer Scott Date: February 22, 2016 Citation: 2016 HRTO 228 Indexed as: Hill v. Toronto Transit Commission

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on March 23, 2015.

2On October 20, 2015, the respondent filed its response and requested the Application be dismissed because of delay and/or because the allegations set out in the Application had no reasonable prospect of success.

3The applicant did not file a Reply responding to the respondent’s dismissal request, although directed to do so by the Tribunal by letter dated November 6, 2015. The Reply was due no later than November 20, 2015.

4On December 9, 2015, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to provide a response to the respondent’s dismissal request. The applicant was directed to provide a response no later than 14 days from the date of the CAD and was warned that if he failed to file written submissions by the required deadline, the Tribunal might consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

5On December 15, 2015, the Tribunal granted the applicant an extension of time to provide his response to the dismissal request to February 8, 2016.

6The applicant has not provided a response to the respondent’s dismissal request and the time for doing so has now passed.

7In these circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.