Donald McBey v. The Gestalt Institute and Joanne Greenham, 2014 HRTO 56

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Donald McBey

Applicant

-and-

The Gestalt Institute and Joanne Greenham

Respondent[s]

DECISION

Adjudicator: David Muir

Date: January 15, 2014

Citation: 2014 HRTO 56

Indexed as: McBey v. The Gestalt Institute

1This is an Application filed under s. 53(5) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In Interim Decision 2009 HRTO 1672 issued on October 14, 2009 these Applications were deferred pending the conclusions of related civil proceedings.

3In response to Tribunal correspondence directing that the parties provide an update on the status of the related civil proceeding, counsel for the respondents responded indicating that the matter was scheduled for trial in February 2013.

4On September 13, 2012 the Tribunal wrote to the parties directing that they provide a further update. The Tribunal’s made the following Directions at that time:

The parties must advise the HRTO within 30 days of the date of this letter if the matter has concluded, and if so, please attach any orders or decisions issued as a result. If the matter continues, please advise as to the status. If the applicant fails to do so, the HRTO may dismiss the Application as abandoned. (Bold in original)

5The applicant did not responded to the Tribunal’s Direction and has not communicated with the Tribunal for some considerable period of time. In all of the circumstances it appears that the applicant has abandoned this Application and it is accordingly dismissed.