Human Rights Tribunal of Ontario
B E T W E E N:
David Eaton Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services Respondent
DECISION
Adjudicator: Keith Brennenstuhl Date: December 5, 2016 Citation: 2016 HRTO 1556 Indexed as: Eaton v. Ontario (Community Safety and Correctional Services)
APPEARANCES
David Eaton, Applicant Self-represented
Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services, Respondent Claudia Brabazon, Counsel
1This Application alleges discrimination with respect to services because of disability and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended.
2The hearing was convened on November 30, 2016. The applicant appeared on his own behalf and counsel for the respondent appeared. The applicant did not have any witnesses. The applicant did not comply with his pre-hearing disclosure obligations in that he did not file any documents or provide a witness statement for himself. At the commencement of the hearing the applicant elected not to take the witness stand or otherwise testify.
3Given the non-compliance with the Tribunal’s Rules of Procedure, the Tribunal is inclined to dismiss the matter. Further, in the absence of any evidence whatsoever, there is no reasonable prospect that the applicant can show discrimination or reprisal. Therefore, the Application must be dismissed.
4After the completion of this Decision and before its issuance, the applicant e-mailed the Tribunal seeking to withdraw the Application. Given the time and resources that have been expended on this matter and the stage of the proceeding at which the withdrawal request has been made, I find that it would be inappropriate to allow the withdrawal of the Application.
5The Application is dismissed.
Dated at Toronto, this 5th day of December, 2016.
"Signed By"
Keith Brennenstuhl Vice-chair