HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kevin Anoquot
Applicant
-and-
Grey Bruce Health Services-Southhampton Hospital and Donald McCulloch
Respondents
DECISION
Adjudicator: Geneviève Debané
Indexed as: Anoquot v. Grey Bruce Health 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"), alleging discrimination.
2On August 22, 2013 the Tribunal issued a Case Assessment Direction (the "August CAD") in which it directed that a preliminary in-person hearing would be convened to address some preliminary issues, including whether the Application should be reactivated and if so whether part or all of the Application should be dismissed pursuant to section 45. 1 of the Code. This preliminary hearing is scheduled on February 7, 2014 in Toronto. The CAD directed that the applicant, who was represented at the time, had to file various materials within 21 days of the date of the CAD.
3On September 9, 2013, the Tribunal received correspondence from the applicant's counsel of record advising that they were withdrawing their representation because they were unable to receive instructions from the applicant.
4On September 24, 2013, the corporate respondent filed a Request for an Order During Proceeding (the "Request") seeking the dismissal of the Application on the basis that it had been abandoned. The applicant did not file a response to the Request to dismiss.
5On October 22, 2013, the Tribunal issued a Case Assessment Direction (the "October CAD") which directed, within 7 days, that the applicant file a response to the Request to dismiss and to confirm in writing that he was proceeding with the Application. The October CAD states that if the applicant does not comply with the Tribunal's directions that the Application may be dismissed as abandoned.
6As of this date the applicant has not complied with the directions in either of the CADs.
Decision
7Having reviewed this matter, I am satisfied that the applicant has abandoned the Application since the applicant has not complied with the directions in the CADs. The applicant was warned in the CAD that a failure to respond could result in his Application being dismissed as abandoned. Further, the applicant has failed to confirm in writing that he is proceeding with the Application.
8The Application is dismissed. Accordingly, the hearing is cancelled.
Dated at Toronto, this 8th day of November, 2013.
"Signed By"
Geneviève Debané
Vice-chair