Human Rights Tribunal of Ontario
B E T W E E N:
M. M. by her Litigation Guardian T. B.
Applicant
-and-
North Eastern Family and Children’s Services
Respondent
DECISION
Adjudicator: David Muir
Indexed as: M. M. v. North Eastern Family and Children’s Services
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2As the person upon whose behalf this Application has been filed appears to be a minor all communications in this case were anonymized pursuant to Rule 3.11.1:
Unless otherwise ordered, the Tribunal will use initials in its decisions to identify children under age 18 and the next friend of children under 18. It may use initials to identify other participants in the proceeding if necessary to protect the identity of children.
3On March 20, 2013 the Tribunal issued a Notice of Intent to Dismiss the Application (NOID) as the Application appeared to be beyond the jurisdiction of the Tribunal because it was filed more than one year after the last alleged incident of discrimination. The applicant was directed to provide her submissions in response to the NOID. The applicant did not respond to the NOID.
4In a Case Assessment Direction (“CAD”) issued on May 16, 2013 the applicant was directed to indicate her intentions with respect to this Application and file her submissions in response to the NOID within 14 days of the date of the CAD failing which the Application may be dismissed as abandoned.
5The May 16, 2013 CAD was returned to the Tribunal undelivered. The Tribunal confirmed that the applicant’s address on file was correct and re-sent the May 16, 2013 CAD and directed that the applicant respond to its Directions by September 5, 2013.
6The applicant has not responded to the May 16, 2013 CAD although given ample opportunity to do so. In all of the circumstances the applicant is deemed to have abandoned the Application and it is dismissed.
Dated at Toronto, this 31st day of October, 2013.
“Signed by”
David Muir
Vice-chair