Justin Klein v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services – Ontario Disability Support Program, 2012 CanLII 79040

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Justin Klein

Applicant

-and-

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

Respondent

DECISION

Adjudicator: Naomi Overend

Date: December 11, 2012

Citation: 2011 HRTO 2323

Indexed as: Klein 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, (the “Code”), on December 21, 2011.

2On June 25, 2012, a Response was filed. The Tribunal attempted to deliver the Response on August 2, 2012 to the alternate contact address provided by the applicant in his application – a community legal clinic. Though not retained by the applicant to act on his behalf, the community legal clinic had agreed to act as a mailing address for the applicant. The Tribunal was subsequently advised by the community legal clinic that it could no longer receive correspondence on behalf of the applicant as it had not had any contact with the applicant since April 3, 2012.

3On September 6, 2012, the Tribunal forwarded the Response to the mailing address provided by the applicant to the Tribunal in his correspondence, dated January 6, 2012. In this correspondence, the Tribunal advised the applicant to file a Reply with the Tribunal on or before September 20, 2012. The Applicant did not reply to this correspondence.

4On November 16, 2012, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to advise the Tribunal if he wishes to continue with the Application, to provide submissions in reply to the respondent’s request for early dismissal and to complete a Reply on or before December 1, 2012. This CAD was sent to the mailing and e-mail addresses provided by the applicant. 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.