The applicant sought judicial review of a decision by the Human Rights Tribunal of Ontario dismissing his complaint as abandoned after he failed to respond to a single email inquiring about the status of related WSIB proceedings.
The Tribunal had refused to reconsider the dismissal, focusing solely on whether the email was delivered rather than conducting a contextual analysis of abandonment.
The Divisional Court held that inferring abandonment from the failure to respond to one email, given the applicant's history of compliance and the ongoing nature of the WSIB proceedings, was unreasonable.
The application was granted, the dismissal order was quashed, and costs were awarded to the applicant.
