David Harris v. Cleveland Indians Baseball Company Limited Partnership, 2015 HRTO 1752

Human Rights Tribunal of Ontario

B E T W E E N:

David Harris

Applicant

-and-

Cleveland Indians Baseball Company Limited Partnership

Respondent

DECISION

Adjudicator: Naomi Overend

Date: December 31, 2015

Citation: 2015 HRTO 1752

Indexed as: Harris v. Cleveland Indians Baseball Company Limited Partnership

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 September 30, 2015, alleging discrimination in goods and services on the basis of a number of grounds. The applicant did not file a Form 1C at the time, and was asked to submit this document by November 3, 2015, which he did.

2The applicant’s Form 1C did not indicate that he experienced discrimination on the basis of any of the enumerated grounds in his Application, and on November 16, 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 December 16, 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.