Judicial review dismissed; Tribunal reasonably deemed human rights complaint abandoned after applicant refused to schedule hearing.
The applicant sought judicial review of a Human Rights Tribunal of Ontario decision dismissing his discrimination complaint as abandoned.
The Tribunal had directed a summary hearing and deferred the applicant's request for document production until after the hearing.
The applicant refused to provide dates for the summary hearing until his document request was answered, leading the Tribunal to dismiss the complaint.
The Divisional Court dismissed the application for judicial review, finding that the Tribunal acted reasonably and within its rights to control its own process when faced with the applicant's refusal to cooperate.
Eisenberg v. Seneca College of Applied Arts and Technology, 2012 ONSC 4802