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William Montgomery v. Corporation of the Township of Minden Hills, 2011 HRTO 540

March 16, 2011

William Montgomery v. Corporation of the Township of Minden Hills, 2011 HRTO 540

Case Summary

The applicant filed an application under section 34 of the Human Rights Code. The Tribunal issued a Notice of Intent to Dismiss (NOID) on the basis that the application appeared to be outside its jurisdiction, directing the applicant to respond by a specified date. The applicant failed to respond to the NOID. Consequently, the Tribunal deemed the application abandoned and dismissed it.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

William Montgomery

Applicant

-and-

Corporation of the Township of Minden Hills

Respondent

DECISION

Adjudicator: Sherry Liang

Date: March 16, 2011

Citation: 2011 HRTO 540

Indexed as: Montgomery v. Minden Hills (Township)

[1] The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on November 4, 2010.

[2] On February 4, 2011 the Tribunal issued a Notice of Intent to Dismiss the Application (NOID) on the basis that the Application appears 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 March 4, 2011. The NOID went on to advise the applicant that a failure to respond to the NOID as an abandonment of the Application and it might be dismissed for that reason.

[3] The applicant has not responded to the NOID and the time for doing so has now passed.

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

[5] The Application is dismissed.

Dated at Toronto, this 16^th day of March, 2011.

“singed by”

Sherry Liang

Vice-chair