Human Rights Tribunal of Ontario
B E T W E E N:
Shane Silverthorn
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services
Respondent
DECISION
Adjudicator: Josée Bouchard
Indexed as: Silverthorn v. Ontario (Community Safety and Correctional Services)
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 June 24, 2015. On August 31, 2015, the respondent filed its Response.
2On January 13, 2016, the Tribunal issued a Notice of Hearing notifying the parties of the hearing dates of June 1 and 2, 2016. On January 26, 2016, counsel for the respondent filed a request to reschedule the hearing dates.
3On February 10, 2016, the Tribunal issued a letter to the parties directing the applicant to select, by February 16, 2016, dates from the list provided by the Tribunal. The applicant did not respond to this correspondence.
4On February 26, 2016, the Tribunal mailed, to the applicant’s home address, and emailed a second letter to the applicant requesting that the applicant select hearing dates. The letter warned the applicant that, pursuant to Rule 5.4 of the Rules of Procedure, the Tribunal may finally determine the Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided by that person to the Tribunal. The Tribunal directed the applicant to respond by March 4, 2016.
5The applicant has not responded to the February 26, 2016 letter and the time for doing so has now passed. The letter has not been returned as undeliverable. In June 2015, the applicant indicated to the Tribunal that he would be at a different mailing address until October 2015. Since October 2015, the Tribunal has been corresponding with the applicant using his home and email addresses as provided by him. The applicant has not otherwise contacted the Tribunal.
6In the circumstances, the applicant is deemed to have abandoned the Application.
7The Application is dismissed.
Dated at Toronto, this 20th day of April, 2016.
“Signed by”
Josée Bouchard
Vice-chair