HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ahmed Rabah Dungus Complainant
-and-
Ontario Human Rights Commission Commission
-and-
Toronto Police Services Board, Andrew Blunk, Darren Halman, Jeffrey Treusch, Sean McGuinness, David Roberts, Karen Chapman and Rosario Conrad Respondents
INTERIM DECISION
Adjudicator: Kathleen Martin Date: September 24, 2008 Citation: 2008 HRTO 104 Indexed as: Dungus v. Toronto Police Services Board
Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto ON M7A 2A3 Phone (416) 314-8419 Fax (416) 314-8743 Toll free 1-866-598-0322 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca
Appearances
Ahmed Rabah Dungus, Complainant On his own behalf
Toronto Police Services Board, Andrew Blunk, Darren Halman, Jeffrey Treusch, Sean McGuinness, David Roberts, Karen Chapman and Rosario Conrad, Respondents Michele Wright and Antonella Ceddia, Counsel
Ontario Human Rights Commission Anthony Griffin, Counsel
INTRODUCTION
1This is a complaint brought under the Human Rights Code, R.S.O. 1990, c.H.19 as amended (the "Code") by Rabah Dungus alleging that the respondents infringed his right to equal treatment in services because of his race, colour and ethnic origin.
2On September 15, 2008, the Commission filed a Request for Order During Proceedings in which it sought to withdraw from participation in all of the proceeding. This request was dealt with at the hearing of this matter on September 22, 2008.
3At the hearing, the complainant did not object to the Commission withdrawing from participating in the proceeding, but requested that he have thirty days to find counsel to represent him in the hearing. The Commission agreed to certain directions regarding transitional issues arising from its withdrawal.
4After hearing submissions from the parties, I ruled orally that the Commission's request was allowed and issued certain directions regarding the transition. I further indicated that my ruling and the related directions would be confirmed in writing.
5The Tribunal makes the following orders:
a. The Tribunal grants the Commission's request to withdraw from participating in this proceeding.
b. The Commission shall provide the complainant with copies of its disclosure file and all hearing briefs which are to be available for pick up by the complainant at the Commission's offices at 180 Dundas Street West 7th Floor Toronto, Ontario M7A 2R9 on September 26, 2008.
c. The Commission shall provide the Tribunal with a letter confirming that the disclosure file and hearing briefs have been picked up by the complainant within three days of receipt of the material by the complainant.
d. The hearing will be adjourned for thirty days to enable the complainant to seek counsel in this matter. As a result, the hearing dates of September 23 and 24 and October 6, 7, 15, 16 and 17, 2008 are cancelled.
e. A conference call is scheduled for October 17, 2008 at 4:00 p.m. for the purpose of addressing the continuation of this proceeding including the setting of new hearing dates.
Dated at Toronto, this 24th day of September, 2008.
"Signed By"
___________________________________
Kathleen Martin Vice-Chair