Human Rights Tribunal of Ontario
B E T W E E N:
Tarjinderjit Ghumaan Applicant
-and-
ASCO Manufacturing Limited and Jay Friedman Respondents
DECISION
Adjudicator: Josée Bouchard Date: February 24, 2016 Citation: 2016 HRTO 246 Indexed as: Ghumaan v. ASCO Manufacturing Limited
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 July 30, 2010.
2By way of Interim Decision 2011 HRTO 875, the Application was deferred pending conclusion of the applicant’s claim under the Workplace Safety and Insurance Act.
3On December 6, 2012, the applicant filed a request asking that the Application be reactivated. The applicant noted that the Workplace Safety and Insurance Board (“WSIB”) proceeding had not yet made a decision. By way of Interim Decision 2013 HRTO 929, the Tribunal denied the request to reactivate the Application.
4On July 21, 2014, the Tribunal sent a letter to the parties, directing the applicant to advise as to the status of the WSIB proceeding. The applicant was advised that if he failed to respond, his Application may be dismissed as abandoned.
5On August 19, 2014, applicant’s counsel wrote to advise that the WSIB proceding is still ongoing and that the WSIB had not provided an expected completion date.
6On December 31, 2015, the Tribunal sent a letter to the parties, directing the applicant to advise as to the status of the WSIB proceeding. The applicant was advised that if he failed to respond within 30 days of the date of the letter, his Application may be dismissed as abandoned.
7The applicant has not responded to the December 31, 2015 letter, the time for doing so has now passed, and the letter has not been returned as undeliverable.
8In the circumstances, the applicant is deemed to have abandoned the Application.
9The Application is dismissed.
Dated at Toronto, this 24th day of February, 2016.
“Signed by”
Josée Bouchard Vice-chair