HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
William Thomson
Applicant
-and-
Grant Bowers
Respondent
DECISION
Adjudicator: Alison Renton
Indexed as: Thomson v. Bowers
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 30, 2009, in which the applicant alleges discrimination on the basis of disability in employment.
2The Tribunal sent a Notice of Intent to Dismiss (“NOID”) dated April 20, 2010 to the applicant. The NOID stated:
The Tribunal has reviewed your Application. It appears the Application is outside the Tribunal’s jurisdiction because the respondent is an individual who appears to be the lawyer for another party in another legal proceeding. The Tribunal has stated that the relationship between a lawyer and an opposing party is not covered by the Code: Belso v. York Region Police, 2009 HRTO 757; Cooper v. Pinkofskys, 2008 HRTO 390.
3The Tribunal requested that the applicant provide written submissions responding to the issue identified in the NOID within 30 days. It advised that it would consider the applicant’s submissions before deciding whether to dismiss or proceed with the Application. The applicant was advised that if he did not file written submissions within the required time, 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 the Application for that reason.
4The applicant has not filed written submissions addressing the issue identified in the NOID and the time for doing so has now passed.
5The Application is dismissed as abandoned, pursuant to Rule 5.4 of the Rules of Practice and the file is closed.
Dated at Toronto, this 9th day of June, 2010.
”signed by”____________
Alison Renton
Vice-chair