Ellis v. Peel District School Board, 2013 HRTO 1710

Human Rights Tribunal of Ontario

B E T W E E N:

Elroy Ellis

Applicant

-and-

Peel District School Board, Ontario Secondary School Teachers Federation, Ontario College of Teachers, Lori Foot, David Leonard, Brian McGowan, Christopher Sach-Anderson, Judith Nyman, Robert Garton, Doug Stroud, Susan Hiraishe, Mary Anne McArthur, Jeffrey McMaster, Roger Martin, Tanya Roberts, Madhu Bhardwaj, Hanno Weinberger and Michael Sach-Anderson

Respondents

DECISION

Adjudicator: Brian Eyolfson Decision Date: October 10, 2013 Citation: 2013 HRTO 1710 Indexed as: Ellis v. Peel District School Board

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, on May 14, 2010.

2On January 10, 2012 the Tribunal sent a Case Assessment Direction (“CAD”) to the applicant at the address the applicant provided in the Application. The CAD directed the applicant to provide submissions to the Tribunal by January 31, 2012, failing which the Tribunal may consider the Application to be abandoned. The CAD was returned to the Tribunal on January 26, 2012, marked “moved/unknown… return to sender”.

3On June 12, 2012, the Tribunal sent a letter to the applicant, at the address the applicant provided in the Application, requiring that he provide the Tribunal with his current contact information by June 26, 2012, if he intended to pursue the Application. The Tribunal’s letter indicated that if the applicant did not respond to the letter by June 26, 2012, the Tribunal may deem the Application to be abandoned and close the file. The letter to the applicant was returned to the Tribunal on June 22, 2012.

4Pursuant to Rule 1.13 of the Tribunal’s Rules of Procedure, a party must notify the Tribunal and all other parties, in writing, of any change in their contact information, as soon as possible. Further, pursuant to Rule 5.4 of the Tribunal’s Rules, the Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

5The Tribunal is not able to contact the applicant based on the contact information that the applicant provided in the Application, and the applicant has not provided any alternate or new contact information.

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.