S.E. v. Higgs, 2017 HRTO 1545

Human Rights Tribunal of Ontario

B E T W E E N:

S.E. by their Litigation Guardian D.E. Applicant

-and-

Richard Higgs, Colin Higgs and Mavis Higgs Respondents

DECISION

Adjudicator: Jennifer Scott Date: November 23, 2017 Citation: 2017 HRTO 1545 Indexed as: S.E. v. Higgs

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 August 31, 2017.

2On October 2, 2017, 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 November 1, 2017. 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.

3The applicant has not responded to the NOID and the time for doing so has now passed.

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

5The Application is dismissed.