Gianmarco Gemmiti v. Ontario (Community Safety and Correctional Services), 2017 HRTO 1717

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gianmarco Gemmiti

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services (Chief Firearms Office) and Peter Jelley

Respondents

DECISION

Adjudicator: Laurie Letheren Date: December 29, 2017 Citation: 2017 HRTO 1717 Indexed as: Gemmiti 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 September 22, 2016.

2On July 18, 2017, the respondents filed a Response in which they raised the issue that the applicant had also filed a civil claim that related to the same allegations and facts that are outlined in this Application and therefore the Application should be dismissed.

3On September 15, 2017, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that there is a concurrent civil claim that addresses the same facts as those alleged in the Application. The applicant was directed to respond to the issues raised in the NOID by no later than October 6, 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.

4The applicant has not responded to the NOID and the time for doing so has now passed.

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

6The Application is dismissed.