Helmerichs v. Ontario (Transportation), 2015 HRTO 298

Human Rights Tribunal of Ontario

B E T W E E N:

Rene Helmerichs Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Transportation, the Attorney General, the Minister of Community Safety and Correctional Services, and the Minister of Health and Long-Term Care, Lynn-Marie Landry, Kirby Law, Ingrid Helmerichs, Georgian College of Applied Arts and Technology, Orillia Packet and Times, McMaster University Department of Psychiatry and Behavioural Neurosciences, St. Joseph’s Healthcare Hamilton, College of Physicians and Surgeons of Ontario, Mormon Community of Christ Barrie Congregation, Gunter Lorberg and Tamara Williamson Respondents

DECISION

Adjudicator: Brian Eyolfson Date: March 13, 2015 Citation: 2015 HRTO 298 Indexed as: Helmerichs 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 October 9, 2014.

2On November 3, 2014 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 jurisdiction. The applicant was directed to respond to the issues raised in the NOID by no later than December 3, 2014. The NOID advised the applicant that a failure to respond to the NOID by the required time may be considered an abandonment of the Application, and the Application might be dismissed for that reason. While the applicant did not respond to the issues raised in the NOID, it appears that he sent an email with inappropriate content to the Tribunal. The email was not placed in the Tribunal’s file.

3Subsequently, on December 18, 2014, the Tribunal re-sent the November 3, 2014 NOID to the applicant by email at the last email address the applicant provided to the Tribunal. The Tribunal indicated that it had not yet received submissions from the applicant in response to the NOID. The applicant was directed to file any submissions in response to the NOID by January 6, 2015. The Tribunal’s December 18, 2014 email correspondence also advised the applicant that if he did not respond to the Tribunal’s request by the deadline, his file may be dismissed as abandoned.

4The applicant has not provided submissions in response to the NOID, nor has he responded to the Tribunal’s December 18, 2014 email correspondence, and the time for doing so has passed. The NOID was delivered to the applicant by both mail and email at addresses the applicant provided to the Tribunal, and has not been returned as undeliverable.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.