Passos v. Penske Logistics, 2016 HRTO 405

Human Rights Tribunal of Ontario

B E T W E E N:

Jose Passos Applicant

-and-

Penske Logistics Respondent

DECISION

Adjudicator: Jennifer Khurana
Date: March 31, 2016
Citation: 2016 HRTO 405
Indexed as: Passos v Penske Logistics

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 November 25, 2015.

2On January 12, 2016 the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appears to be outside the Tribunal’s jurisdiction because the respondent appears to be a federally regulated entity. The applicant was directed to respond to the issues raised in the NOID by no later than February 11, 2016. The NOID advised the applicant that failure to respond may be considered an abandonment of the Application and it might be dismissed for that reason.

3The applicant has not responded to the NOID and the time for doing so has now passed. The Tribunal’s correspondence was sent by email and by regular mail to the applicant at the address provided in the Application and was not returned as undeliverable.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.