Fuller v. Macpharlin, 2016 HRTO 1133

Human Rights Tribunal of Ontario

B E T W E E N:

Clayton Fuller Applicant

-and-

Sargent Macpharlin Respondent

DECISION

Adjudicator: Douglas Sanderson Date: August 25, 2016 Citation: 2016 HRTO 1133 Indexed as: Fuller v. Macpharlin

WRITTEN SUBMISSIONS

Clayton Fuller, Applicant

No one appearing

1This Application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleges discrimination with respect to goods, services and facilities because of disability, association with a person identified by a prohibited ground of discrimination and reprisal.

2On April 4, 2016, the Tribunal sent the applicant a Notice of Intent to Dismiss ("NOID") that advised him that the Application appears to be outside the Tribunal's jurisdiction because a review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent and because the applicant alleged discrimination based on "reprisal or threat of reprisal" but failed to explain how the respondent's behaviour was related to any of the following: claiming or enforcing a right under the Code; instituting or participating in proceedings under the Code; or, refusing to infringe the right of another person under the Code (s. 8). The Tribunal directed the applicant to file written submissions in response to the NOID by May 4, 2016.

3The NOID warned the applicant that if he did not file written submissions by the specified date, then the Tribunal would 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. As of the date of this Decision, the applicant has not filed any submissions in response to the NOID. In the circumstances it appears the applicant has abandoned the Application.

4The Application is dismissed as abandoned.