HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kyle Paterson
Applicant
-and-
Edward Jones Investments and Kathryn Chenier
Respondents
DECISION
Adjudicator: David Muir
Indexed as: Paterson v. Edward Jones Investments
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On March 13, 2013 the Tribunal issued a Notice of Intent do Dismiss the Application because in his Application the applicant indicated that a civil proceeding had been commenced related to the same fact and issues. The letter advised as follows:
The HRTO has reviewed the Application. It appears the Application is outside the HRTO’s jurisdiction because:
- a civil proceeding has been commenced in a court in which you are seeking an order under section 46.1 with respect to the alleged Code infringement and the proceeding has not been finally determined or withdrawn, or the court has finally determined the issue of whether the right has been infringed, or the matter has been settled [s. 34(11)]. See for example Beaver v. Dr. Hans Epp Dentistry Professional Corporation, 2008 HRTO 282.
3The Tribunal also directed the applicant to file his submissions with respect to the issues identified above on or before April 12, 2013 failing which the issue would be determined based on the materials filed, or, the Application may be dismissed as abandoned.
4The applicant did not responded to this Direction and no submissions have been received in response to the NOID. In a Case Assessment Direction issued on April 24, 2013 the applicant was directed to file written submissions responding to the issue above within 14 days of the date of the Direction, failing which this Application may be dismissed as abandoned.
5The applicant has not responded to the Direction above and has not communicated with the Tribunal in any way. In all of the circumstances, I find that the applicant has abandoned this Application and accordingly it is dismissed.
Dated at Toronto, this 31^st^ day of May, 2013.
”signed by”
David Muir
Vice-chair