Richards v. Ontario (Community and Social Services), 2013 HRTO 939

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Terry Richards

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: David Muir

Date: May 29, 2013

Citation: 2013 HRTO 939

Indexed as: Richards v. Ontario (Community and Social Services)

1This is an Application, dated February 7, 2013, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to goods and services because of disability.

2The respondents have filed a Response (Form 2) to the Application. The applicant has not filed a Reply to the Response (Form 3).

3The respondents filed a Request for Summary Hearing on February 18, 2013 to which the applicant has not responded and the time for doing so has passed.

4On April 10, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to deliver and file a Response (Form 11) to the respondents’ Request for a Summary Hearing together with an explanation for his failure to do so in a timely way, within 14 days of the date of the CAD. The CAD further indicated that the failure to comply with the directions outlined in the CAD, the Application may be dismissed as abandoned.

5On April 10, 2013 the applicant corresponded with the Tribunal by e-mail. This e-mail was not copied to the respondent.

6In e-mail correspondence dated April 15, 2013, the Tribunal advised the applicant that as the respondent was not copied on his April 10, 2013 e-mail correspondence, the Tribunal could not process or respond directly to correspondence not copied to all parties. In accordance with Rule 1.12 of the Tribunal’s Rules of Procedure, the Tribunal requested that the applicant resend the correspondence to the Registrar and to the responding party.

7On May 3, 2013, the Tribunal corresponded by mail with the applicant at an address provided by the applicant indicating that failure to comply with the CAD date April 10, 2013 and the Tribunal’s Rules of Procedure regarding correspondence with the Tribunal, with a copy delivered to all parties, may result in his Application being dismissed.

8The applicant has not responded to the CAD and the time for doing so has now passed.

9In the circumstances, the applicant is deemed to have abandoned the Application.

10The Application is dismissed.