Aird v. Workplace Safety and Insurance Board, 2010 HRTO 1382

Human Rights Tribunal of Ontario

B E T W E E N:

Dean Aird Applicant

-and-

Workplace Safety and Insurance Board, Peeter Drummell and David Marshall Respondents

DECISION

Adjudicator: Jay Sengupta Date: June 18, 2010 Citation: 2010 HRTO 1382 Indexed as: Aird v. Workplace Safety and Insurance Board

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 26, 2010.

2On May 10, 2010, the Tribunal sent the applicant a Notice of Intent to Dismiss seeking submissions on a number of issues as it appeared that the Application was outside the Tribunal's jurisdiction.

3In particular, the Tribunal sought submissions on the issues of delay in filing the Application; whether the delay was incurred in good faith and whether substantial prejudice would result to any person affected by the delay; the applicability of s.34(11) of the Code given that a civil proceeding had been commenced by the applicant in which he was seeking an order under s. 46.1 of the Code; whether the doctrine of judicial immunity applies in this Application; and finally, whether the subject matter of the Application concerns "services" within the meaning of the Code.

4In the Notice dated May 10, 2010, the Tribunal advised the applicant that if he did not respond within 30 days of the date of the correspondence, the Tribunal may deem the Application abandoned and close its file.

5The applicant has not responded to the Tribunal's correspondence and his deadline for doing so has now passed. In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.