Sandra McArthur-Calhoun v. Superior Court of Justice (Family Court Division) and Madam Justice Greer, 2015 HRTO 575

Human Rights Tribunal of Ontario

B E T W E E N:

Sandra McArthur-Calhoun

Applicant

-and-

Superior Court of Justice (Family Court Division) and Madam Justice Greer

Respondents

DECISION

Adjudicator: David Muir Date: May 6, 2015 Citation: 2015 HRTO 575 Indexed as: McArthur-Calhoun v. Superior Court of Justice

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 March 10, 2015, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the Applicant may be outside of the Tribunal’s jurisdiction to decide. The applicant was directed to provide her written submissions in response to the NOID before April 9, 2015. The applicant was further advised that if she did not provide written submissions by the required time the Tribunal may make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.

3The applicant requested an extension of time to file her submissions but did not respond to the NOID and the time for doing so has passed.

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

5I also find that the Tribunal has no jurisdiction to deal with this case as it relates to a decision of the Superior Court of Justice, which is not a service within the meaning of the Code and therefore is outside of the jurisdiction of the Tribunal. Additionally, Judges of the Superior Court of Justice are immune from liability by reason of the common law doctrine of judicial immunity.

6The Application is dismissed.