McGrath v. Jerseys Bar and Grill, 2016 HRTO 763

Human Rights Tribunal of Ontario

BETWEEN:

Gregory McGrath Applicant

-and-

Jerseys Bar and Grill Respondent

DECISION

Adjudicator: David Muir Date: June 3, 2016 Citation: 2016 HRTO 763 Indexed as: McGrath v. Jerseys Bar and Grill

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 April 11, 2016.

2On April 25, 2016 the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the Application may be outside of the Tribunal’s jurisdiction to decide. The NOID was sent by email and regular mail to the mailing address provided by the applicant and was not returned to the Tribunal.

3The applicant was directed to provide his written submissions in response to the NOID before May 25, 2016. The applicant was further advised that if he did not provide written submissions by the required time the Tribunal may 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.

4The applicant did not respond to the NOID and the time for doing so has passed. The applicant has not otherwise communicated with the Tribunal.

5In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.