beachesboy@aol.com v. HBoss

beachesboy@aol.com v. HBoss

The Tribunal dismissed the complaint because the Respondent could not be located, the Commission advised no further objectionable conduct had occurred and recommended dismissal, the Complainant did not respond to the Tribunal's invitation to proceed, and the Tribunal concluded it was not in the public interest to continue.

Citation
2010 CHRT 12
Parties
Complainant: beachesboy@aol.com; Commission: Canadian Human Rights Commission; Respondent: HBoss
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
19 May 2010
Procedural Posture
Canadian Human Rights Act Complaint / Ruling Dismissed
Outcome
Dismissed
Legal Topics
Discrimination, Sexual Orientation, Hate Messages (s.13(1)), Service of Process, Dismissal for Want of Prosecution
Source Language
English
Human Rights Administrative Law Discrimination Sexual Orientation Hate Messages (s.13(1)) Service of Process Dismissal for Want of Prosecution

Case Brief

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Parties

beachesboy@aol.com

Complainant

Canadian Human Rights Commission

Commission

HBoss

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Ruling Dismissed

Legal Issues

  1. 1 Whether the respondent communicated messages likely to expose homosexuals to hatred or contempt contrary to s.13(1) of the Canadian Human Rights Act
  2. 2 Whether the complaint should proceed given inability to locate the respondent and the Commission's position that it was no longer in the public interest to pursue

Ratio Decidendi

The Tribunal dismissed the complaint because the Respondent could not be located, the Commission advised no further objectionable conduct had occurred and recommended dismissal, the Complainant did not respond to the Tribunal's invitation to proceed, and the Tribunal concluded it was not in the public interest to continue.

Court Disposition

Dismissed

Orders

  • Complaint dismissed