S.D. v. Children’s Aid Society of Toronto, 2010 HRTO 1781

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

S.D.

Applicant

-and-

Children’s Aid Society of Toronto and Lisa Winter

Respondents

DECISION

Adjudicator: Ena Chadha Date: August 31, 2010 Citation: 2010 HRTO 1781 Indexed as: S.D. v. Children’s Aid Society of Toronto

1The applicant filed an Application on January 11, 2010 under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of various protected grounds in the areas of services, goods and facilities and contracts.

2On August 18, 2010, the Tribunal issued an Interim Decision, 2010 HRTO 1718, noting that the respondents filed a Request to Dismiss. No Response had been received from the applicant with respect to the Request to Dismiss and the time for filing submissions in response to the Request had elapsed as of the date of the Interim Decision.

3The Interim Decision determined that it was appropriate to receive submissions from the parties with respect to whether or not permitting the Application to proceed constitutes an abuse of process. The Interim Decision established a timeline for the parties to confirm in writing their positions with respect to the manner of proceeding. As of the date of this Decision, the time for the applicant to provide written confirmation regarding his position with respect to the manner of proceeding has elapsed.

4The Interim Decision expressly indicated that, if the applicant did not file written confirmation as to his position by the required time, the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

5The applicant has not responded to the Tribunal’s correspondence, nor filed written confirmation in accordance with the deadline set out in the Interim Decision.

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

7Accordingly, the Application is dismissed.