Parsons v. Westjet Airlines, 2017 HRTO 1160

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

William Parsons

Applicant

-and-

Westjet Airlines

Respondent

DECISION

Adjudicator: Yasmeena Mohamed

Date: September 7, 2017

Citation: 2017 HRTO 1160

Indexed as: Parsons v. Westjet Airlines

1The applicant filed this Application alleging discrimination contrary to the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the “Code”).

2On March 15, 2017, the Tribunal sent the applicant a Notice of Incomplete Application and Notice of Intent to Dismiss the Application (“NOID”) advising him that the Application appeared to be outside the Tribunal’s jurisdiction to decide because the respondent appears to be a federal government department, agency or federally-regulated employer or service provider.

3The Tribunal directed the applicant to file submissions in response to the NOID by April 18, 2017. The Tribunal advised the applicant that, if he did not file any submissions, the Tribunal would make its decision based only on the information in the Application and might consider his failure to respond as an abandonment of the Application against the respondent and dismiss the Application for that reason.

4By e-mails dated May 18, 2017, July 5, 2017, and August 10, 2017, the Tribunal granted the applicant three extensions to file his submissions in response to the NOID. Despite the extensions, the applicant has not responded to the NOID and the time for doing so has passed.

5The Tribunal's records indicate that the NOID was sent to the applicant by regular mail and email to the addresses identified in the Application. As of the date of this Decision, the Tribunal has not received any mail as “undeliverable” and/or email notification to indicate that the NOID was not received by the applicant.

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

7The Application is dismissed.

order

8In the above circumstances, the Application is dismissed as abandoned.