David Kay v. Tanya Fisher, 2011 HRTO 1834

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Kay

Applicant

-and-

Tanya Fisher

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: October 12, 2011

Citation: 2011 HRTO 1834

Indexed as: Kay v. Fisher

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 May 2, 2011.

2On July 4, 2011, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appeared to be outside the Tribunal’s power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than August 3, 2011. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

3The applicant has not responded to the NOID 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.