HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Gary McHale
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, Julian Fantino, Gregory Walton, Scott MacDonell, Luis Mendoza and Sean Stewart
Respondents
A N D B E T W E E N:
Mark Vandermaas
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, Julian Fantino, Mike Mobbs and Stephen Beasley
Respondents
DECISION
Adjudicator: David Muir
Indexed as: McHale v. Ontario (Community Safety and Correctional Services)
1These are two Applications 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 1911 issued on November 9, 2009, these Applications were deferred pending the conclusions of related civil proceedings.
3On January 8, 2013, the Tribunal wrote to the parties requesting an update on the status of the related civil proceeding. Counsel for several of the respondents responded indicating that the matter was ongoing and scheduled to begin on April 17, 2013.
4On September 13, 2013, 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 applicants in these cases have not responded to the Tribunal's Direction and have not communicated with the Tribunal for some considerable period of time. In all of the circumstances it appears that the applicants have abandoned these Applications and they are accordingly dismissed.
Dated at Toronto, this 15th day of January, 2014.
"Signed by"
David Muir
Vice-chair