HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lawrence Hay
Applicant
-and-
Her Majesty the Queen in right of Ontario, as represented by the Minister of Community Safety and Correctional Services and the Ministry of the Attorney General, Ontario Provincial Police and Julian Fantino
Respondents
INTERIM DECISION
Adjudicator: Sherry Liang
Indexed as: Hay v. Ontario (Community Safety and Correctional Services)
1This is an Application filed on July 7, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2In the Response, the respondents requested that the Application be dismissed on the basis that a claim based on the same facts has been filed in civil court, requesting a remedy based on the alleged human rights violation. The respondents rely on an Application for Judicial Review brought by the applicant in the Ontario Superior Court of Justice, attached to the Response.
3The Tribunal requested that the applicant respond to the request to dismiss.
4The applicant sent the Tribunal a copy of the applicant’s Notice of Abandonment of Judicial Review said to have been served on the parties in Court File No. 08-DC-1447 and subsequently, sent confirmation that the Notice of Abandonment was filed in the Ontario Superior Court of Justice (Divisional Court) in Ottawa on September 16, 2009.
5In view of the abandonment of the Application for Judicial Review, section 34(11) does not bar this Application. Because the respondents requested early dismissal of the Application without filing a full Response, they are directed to now file a full Response to the Application. This Response must be provided to the Tribunal by November 11, 2009.
6I am not seized of this matter.
Dated at Toronto this 15th day of October, 2009.
“Signed by”
Sherry Liang
Vice-chair