Human Rights Tribunal of Ontario
B E T W E E N:
Joe Sajatovic
Applicant
-and-
University of Toronto
Respondent
DECISION
Adjudicator: Josée Bouchard
Indexed as: Sajatovic v. University of Toronto
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 January 15, 2016.
2The respondent filed its Response on March 21, 2016, including a request to dismiss for delay (“request to dismiss”) on the basis that the Application was not filed within one year of the last incident of alleged discrimination.
3On April 15, 2016, the applicant filed an explanation for the delay.
4By Registrar’s letter dated April 21, 2016, the Tribunal requested further submissions from the parties on the issue of delay. The Tribunal directed the applicant to file submissions no later than 21 days from the date the Registrar’s letter, and the respondent no later than 28 days from the date of the Registrar’s letter. The Registrar’s letter warned the parties that if written submissions were not filed by the required time, the Tribunal could make its decision based only on the information in the file.
5On May 19, 2016, the respondent filed its submissions regarding delay. The applicant did not file submissions.
6On May 25, 2016, by Registrar’s letter, the Tribunal directed the applicant to provide written submissions responding to the delay issues by June 24, 2016. The applicant was warned that failure to respond may be considered an abandonment of the Application and it might be dismissed for that reason.
7The applicant has not responded to the request to dismiss, the time for doing so has now passed and the request to dismiss 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 5th day of July, 2016.
“Signed By”
Josée Bouchard
Vice-chair