In this case, the Complainant submitted a complaint to the Yukon Human Rights Commission (“the Commission”). Throughout the case, there were multiple instances where the Complainant failed to appear at case management conferences and the Commission had difficulty contacting him. Subsequently, the Respondent filed an Application to Dismiss the complaint. The Complainant did not file any submissions in response to the Application to Dismiss, but the Commission did provide a reply opposing the Application. In this document, based on a phone call with the Complainant, the Commission reported that the Complainant had received the Application to Dismiss but did not read through all the documents. He has Attention Deficit Hyperactivity Disorder (ADHD) and as such, requires medication to focus. He did not remember why he missed the pre-hearing conference, though it was likely a transportation issue. When he received the Application to Dismiss, he did not understand the documents and had a hard time reading it. However, he still wanted the human rights hearing to proceed and thought he could participate in a hearing. A case management conference was held to make a decision on the Application to Dismiss. The Complainant was notified, but he did not attend the management conference.
Ultimately, the Yukon Human Rights Board of Adjudication decided that given the repeated failure by the Complainant to participate in the pre-hearing process, the Respondent’s application to dismiss the case should be allowed. However, since the Complainant may have medical issues that may require some form of accommodation, the Board decided to give him a second opportunity. The Board required him to send in an application within 30 days of receiving the Board’s decision that day, including a written statement confirming his interest in proceeding with this case and his availability to do so. If the Complainant did not submit such an application, the complaint would remain dismissed, as requested by the Respondent.