Robert Fillmore v. Her Majesty the Queen in right of Ontario as represented by the Ministry of Community and Social Services, 2016 HRTO 1373

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Fillmore Applicant

-and-

Her Majesty the Queen in right of Ontario as represented by the Ministry of Community and Social Services Respondent

DECISION

Adjudicator: Jennifer Khurana
Date: October 24, 2016
Citation: 2016 HRTO 1373
Indexed as: Fillmore v. Ontario (MCSS)

Introduction

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 July 29, 2016.

2On August 23, 2016, 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 power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than September 22, 2016. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason. The NOID was resent to the applicant’s legal representative by email on September 29, 2016 and the applicant was given until October 11, 2016 to respond.

3The applicant has not responded to the NOID and the time for doing so has now passed. The Tribunal’s correspondence was sent to the applicant and to his legal representative at the addresses provided in the Application. The email was returned as undeliverable however the correspondence sent by regular mail was not returned.

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

5The Application is dismissed.