Hyun Whan Kim v. Canadian Mental Health Association, 2015 HRTO 1043

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hyun Whan Kim

Applicant

-and-

Canadian Mental Health Association

Respondent

DECISION

Adjudicator: Jennifer Scott

Date: August 6, 2015

Citation: 2015 HRTO 1043

Indexed as: Kim v. Canadian Mental Health Association

Introduction

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 February 18, 2015.

2On April 30, 2015, 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 May 29, 2015. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

3The applicant has not responded to the NOID and the time for doing so has now passed.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.