Spooner v. Ontario (Community Safety and Correctional Services), 2015 HRTO 661

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Errol Spooner Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services Respondent

DECISION

Adjudicator: David Muir Date: May 20, 2015 Citation: 2015 HRTO 661 Indexed as: Spooner v. Ontario (Community Safety and Correctional Services)

1This is an Application filed pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to goods and services because of creed, disability and race.

2A hearing in respect of this Application was scheduled to begin on March 2 and 3, 2015 in Toronto.

3In a Case Assessment Direction (CAD) issued on January 27, 2015 certain directions were made to the parties with respect to their obligations pursuant to Rules 16.1 and 17.1 of the Tribunal’s Rules of Procedure and certain Directions were made.

4It was also noted in the January 27, 2015 CAD that the applicant’s representative, the Human Rights Legal Support Centre (Centre), had advised on January 21, 2015 that it was not retained by the applicant. The Centre advised that the applicant had been re-located to the Millhaven Penitentiary. I also noted that the applicant had not been in telephone contact with the Tribunal for some time which was unusual.

5Certain Directions were made including a direction that by February 6, 2015 the applicant must deliver to the respondents and file with the Tribunal a list of his witnesses and a statement describing what his witnesses will say when they testify as well as any documents he intends to rely upon at the hearing.

6The applicant did not respond to this Direction and did not communicate with the Tribunal in any way. In the circumstances a further CAD was issued on February 11, 2015 cancelling the hearing dates of March 2 and 3, 2015 and directing that the applicant deliver and file the materials required by the January 27, 2015 CAD together with an explanation for his failure to comply with the Tribunal’s Rules and Directions, by February 20, 2015 failing which the Application may be dismissed as abandoned.

7On May 14, 2015 the respondent wrote to the Tribunal noting the circumstances above and requesting that the Application be dismissed.

8As of this writing the applicant has not complied with the Tribunal’s Directions above and has not communicated with the Tribunal in any fashion for several months. In all of the circumstances the applicant is deemed to have abandoned his Application and it is accordingly dismissed.