Fontaine v. Assembly of First Nations, 2015 HRTO 467

Human Rights Tribunal of Ontario

B E T W E E N:

Cornell Fontaine

Applicant

-and-

Assembly of First Nations

Respondents

DECISION

Adjudicator: David Muir

Date: April 13, 2015

Citation: 2015 HRTO 467

Indexed as: Fontaine v. Assembly of First Nations

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 June 4, 2010.

2In Interim Decision 2010 HRTO 2378 issued on December 10, 2010, the Tribunal deferred proceeding with this Application pending the conclusion of another ongoing legal proceeding.

3On December 28, 2012 the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the other proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned. The applicant did not respond to this correspondence.

4On March 23, 2015 the Tribunal emailed all parties reminding them of the December 28, 2012 letter and directing the applicant to respond before March 26, 2015 failing which the Application may be dismissed as abandoned.

5The applicant has not responded to the Tribunal’s March 23, 2015 email.

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