James Spooner v. Her Majesty the Queen in right of Ontario as represented by the Ministry of Transportation, 2015 HRTO 1708

Human Rights Tribunal of Ontario

B E T W E E N:

James Spooner Applicant

-and-

Her Majesty the Queen in right of Ontario as represented by the Ministry of Transportation Respondent

DECISION

Adjudicator: David Muir Date: December 18, 2015 Citation: 2015 HRTO 1708 Indexed as: Spooner v. Ontario (Transportation)

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 May 11 , 2015.

2In its Response the respondent argued, amongst other things, that the Tribunal does not have jurisdiction to hear this case because the statutory provision it relies upon contains an express provision excluding the application of the Code. The applicant filed a Reply (Form 3) but did not address this issue.

3In a Case Assessment Direction issued on October 16, 2015, the applicant was directed to deliver and file submissions in response to the jurisdictional issue raised by the respondent within 14 days of the date of the Direction, failing which the Tribunal would determine the issue based on the material provided or may consider that the applicant had abandoned the Application and it may be dismissed for that reason.

4On October 26, 2015, the applicant wrote to request a 45 day extension to comply with the Direction above. The request was granted and the applicant was directed to deliver and file his submissions by December 10, 2015.

5The applicant did not file his submissions in accordance with the Direction and the time has now passed. The applicant has not communicated with the Tribunal since October 26, 2015.

6In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.