Donn Burkholder v. Her Majesty the Queen in Right of Ontario as Represented by the Minister of Government Services, Ontario Public Service, 2014 HRTO 436

Human Rights Tribunal of Ontario

B E T W E E N:

Donn Burkholder Applicant

-and-

Her Majesty the Queen in Right of Ontario as Represented by the Minister of Government Services, Ontario Public Service Respondent

DECISION

Adjudicator: Brian Eyolfson Date: March 27, 2014 Citation: 2014 HRTO 436 Indexed as: Burkholder v. Ontario (Government Services)

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on November 25, 2013.

2On January 13, 2014 the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appears to be outside the Tribunal’s power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than February 12, 2014. The NOID advised the applicant that a failure to respond to the NOID by the required time may be considered an abandonment of the Application and the Application might be dismissed for that reason. The NOID was delivered to the applicant’s alternate contact and representative at his address provided in the Application and was not returned as undeliverable.

3On February 18, 2014, the Tribunal also sent the NOID to the applicant’s alternate contact and representative by email at the email address provided for him in the Application. The Tribunal’s email indicated that the applicant must provide submissions in response to the NOID by no later than February 28, 2014.

4The applicant has not responded to the NOID and the time for doing so has now passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.