HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Patrick Riches
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services
Respondent
DECISION
Adjudicator: Kathleen Martin
Indexed as: Riches v. Ontario (Community Safety and Correctional Services)
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 October 22, 2010.
2On January 7, 2011, a Response was filed. The respondent requested that the Application be dismissed on the basis that the applicant had signed a full and final release with respect to the same matter which was the subject of the Application.
3By letter dated February 1, 2011, the Registrar invited the applicant to file a Reply (Form 3) responding to, among other things, new matters raised in the Response, by February 15, 2011. No Reply was received from the applicant.
4On February 28, 2011 the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to deliver and file submissions in response to the Request to dismiss no later than March 14, 2011. The CAD warned that if the applicant failed to deliver and file submissions the Application might be dismissed as abandoned.
5The applicant has not responded to the CAD and the time for doing so has now passed.
6In the circumstances, the applicant is deemed to have abandoned the Application.
7The Application is dismissed.
Dated at Toronto, this 10th day of June, 2011.
“Signed by”
Kathleen Martin
Vice-chair