Leavoy v. Linamar Transportation – Part of Linamar Corporation, 2017 HRTO 1371

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alicia Leavoy

Applicant

-and-

Linamar Transportation – Part of Linamar Corporation

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: October 17, 2017

Citation: 2017 HRTO 1371

Indexed as: Leavoy v. Linamar Transportation – Part of Linamar Corporation

WRITTEN SUBMISSIONS

Alicia Leavoy, Applicant

, No one appearing

This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.

1On November 10, 2016, the Tribunal sent the applicant a Notice of Incomplete Application and Notice of Intent to Dismiss (“NOID”) that advised him that the Application appears to be outside the Tribunal’s jurisdiction because:

• the respondent appears to be a federal government department, agency or a federally regulated employer or service provider. See for example Masood v. Bruce Power, 2008 HRTO 381.

2The Tribunal directed the applicant to file written submissions in response to the NOID by December 10, 2016. The 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. On January 16, 20017, the Tribunal re-sent the NOID by email extending the deadline to respond to the NOID until February 15, 2017. On June 16, 2017, the Tribunal sent the applicant a Registrar’s Letter directing the applicant to respond to the NOID by July 11, 2017, failing which the Tribunal may dismiss the Application as abandoned.

3As 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.

4The Application is dismissed as abandoned.