HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
John Marshall
Applicant
-and-
Human Rights Tribunal of Ontario
Respondent
DECISION
Adjudicator: Sherry Liang
Indexed as: Marshall v. Human Rights Tribunal of Ontario
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 19, 2010.
2By Notice issued October 29, 2010 the Tribunal sought the parties’ submissions on a number of jurisdictional issues. The applicant was directed to provide his submissions to respondent’s counsel and file them with the Tribunal by December 1, 2010.
3On December 1, 2010 the applicant emailed the Registrar seeking an extension of time to make his submissions. He was granted an extension until December 13, 2010.
4On February 1, 2011 the Registrar wrote to the parties advising that the applicant had not filed his submissions and that if submissions were not received by February 7, 2011 the Tribunal would make its decision on the basis of the material in its file or dismiss the Application as abandoned.
5This direction was confirmed by email from the Registrar to the applicant sent on February 2, 2011.
6The applicant responded to that email as follows:
(…) I am advising you as I did Ms Lyon that, upon seeking legal advice as she advised me to do, I will be seeking legal remedy from both the HRTO and Ms Fraser for damages to my business and reputation that exists to this day. Please be advised that this will be my last communication with the HRTO as further communication will be through my attorneys. What the HRTO decides to do on February 7^th^ is up to them and certainly beyond my control. Identifying my claim as “abandoned” is of little consequence because the matter will be decided elsewhere.
7To date the applicant has not provided his submissions on the jurisdictional issues identified in the Tribunal’s October 19, 2010 Notice. It appears from his February 2, 2011 email that he intends to proceed with his claim in another forum.
8In the circumstances, the applicant is deemed to have abandoned the Application.
9The Application is dismissed.
Dated at Toronto, this 8^th^ day of February, 2011.
”signed by”______
Sherry Liang
Vice-chair