Kevin Clarke v. Across Boundaries Mental Health Service, 2017 HRTO 1634

Human Rights Tribunal of Ontario

B E T W E E N:

Kevin Clarke

Applicant

-and-

Across Boundaries Mental Health Service, Cota Mental Health and Oriana Lessard

Respondents

DECISION

Adjudicator: Mary Truemner Date: December 7, 2017 Citation: 2017 HRTO 1634 Indexed as: Clarke v. Across Boundaries Mental Health Service

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on March 28, 2017.

2On October 17, 2017, the Human Rights Tribunal of Ontario issued a Notice of Intent to Dismiss the Application and Notice of Incomplete Application (“NOID” and “NIA”). The NOID was issued 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 16, 2017. The NOID advised the applicant that failure to respond to the NOID by November 16, 2017 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.