Fakomi v. Toronto Police Services Board, 2009 HRTO 1979

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Norma Fakomi

Applicant

-and-

Toronto Police Services Board, Doug Yarenko and Harlen Tinney

Respondents

DECISION

Adjudicator: David Muir

Date: November 20, 2009

Citation: 2009 HRTO 1979

Indexed as: Fakomi v. Toronto Police Services Board

1This is an Application filed under section 53(5) of the Part IV of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended, (the “Code”).

2The purpose of this Interim Decision is to deal with a Request for Order During Proceedings (Request) seeking the dismissal of the Application because the issues in dispute are the subject of a civil court proceeding requesting a remedy based on the alleged human rights infringement.

3The respondents state that the civil action claims substantial damages for malicious prosecution and breach of the applicant’s Charter rights in relation to the same events described in the human rights complaint underlying this Application. The applicant has advised in her letter dated November 3, 2009 that she does not object to the Application being “struck” given the fact that there is a parallel civil matter in the Ontario Superior Court of Justice.

4The Application is dismissed on consent.