Z.B. v. Ontario (Community and Social Services), 2011 HRTO 1551

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Z.B. by his Litigation Guardian G.B.

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

DECISION

Adjudicator: David A. Wright

Date: August 18, 2011

Citation: 2011 HRTO 1551

Indexed as: Z.B. v. Ontario (Community and Social Services)

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2On May 13, 2011, the Tribunal issued an Interim Decision granting a Request for Order from the respondent to amend their previously filed Response. The Tribunal also directed the applicant to file a Reply to the respondent’s amended Response no later than June 3, 2011. Noting that the applicant had not filed submissions in response to the respondent’s request to amend their Response, and that the respondent had further requested that the Tribunal dismiss the Application for failing to make out a prima facie case, the Tribunal specifically directed as follows:

…The applicant is specifically directed to address the respondent’s request to dismiss in this Reply. …If the applicant does not communicate with the Tribunal by June 3, 2011, the Application may be dismissed as abandoned as against the respondent.

3The applicant has not filed a Reply in accordance with the Interim Decision nor has the applicant otherwise communicated with the Tribunal and the time for doing so has now passed.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.