Boczkowski v. Hammond Manufacturing Co. Ltd., 2017 HRTO 1265

Human Rights Tribunal of Ontario

B E T W E E N:

Conrad Boczkowski Applicant

-and-

Hammond Manufacturing Co. Ltd. Respondent

DECISION

Adjudicator: Douglas Sanderson Date: September 26, 2017 Citation: 2017 HRTO 1265 Indexed as: Boczkowski v. Hammond Manufacturing Co. Ltd.

1This Application, filed on March 7, 2017, under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination with respect to employment because of record of offences.

2On July 11, 2017, the Tribunal sent the applicant a Notice of Intent to Dismiss (“NOID”) that advised him that the Application appears to be outside the Tribunal’s jurisdiction because:

• you allege discrimination based on the ground of “record of offences” but have failed to describe how the respondent’s behaviour was related to discrimination on the basis of a conviction for an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or an offence in respect of any provincial enactment (s. 10 (e)).

3The Tribunal directed the applicant to file written submissions in response to the NOID by August 10, 2017.

4The NOID warned the applicant that if he did not file written submissions by the specified date, then the Tribunal would make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason. By e-mail message dated August 28, 2017, the Tribunal re-sent the NOID to the applicant and directed him to file submissions responding to the NOID by September 11, 2017, failing which the Tribunal may dismiss his Application as abandoned. As of the date of this Decision, the applicant has not filed any submissions in response to the NOID. In the circumstances it appears the applicant has abandoned the Application.

5The Application is dismissed as abandoned.