Human Rights Tribunal of Ontario
B E T W E E N:
Jacqueline Brecknell Applicant
-and-
Niagara Regional Police Service Respondent
INTERIM DECISION
Adjudicator: Brian Eyolfson Date: April 6, 2009 Citation: 2009 HRTO 398 Indexed as: Brecknell v. Niagara Regional Police Service
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on October 22, 2008, alleging discrimination on the basis of race, ancestry and sex, in the area of goods, services and facilities.
2On February 25, 2009, a copy of the respondent’s Response was provided to both the applicant and her counsel, in Saskatchewan, indicating that the applicant may deliver and file a Reply within 14 days. On March 4, 2009, the Tribunal received correspondence from the applicant’s counsel indicating that they did not have instructions from the applicant, that the applicant recently moved to Ontario, that they were no longer representing her, and that they had forwarded a copy of the Tribunal’s correspondence to the applicant’s counsel in Ontario. The Response provided to the applicant has not been returned, nor has the Tribunal received a Reply.
3By correspondence dated March 19, 2009, the Tribunal directed the individual identified as the applicant’s counsel in Ontario to advise the Tribunal and the respondent whether he represents the applicant in this matter and whether the applicant wishes to proceed with this Application and to provide the applicant’s current address for service. In response, counsel advised that he does not represent the applicant in this matter, that he does not know whether she wishes to proceed with the Application, and that he does not have her current address.
4The applicant has not provided notification of her change in contact information as required by Rule 1.13 of the Tribunal’s Rules of Procedure. By no later than April 16, 2009, the applicant must provide the Tribunal with a current mailing address, telephone number, and email address (if available). The applicant must also confirm that she remains interested in proceeding with this Application. The applicant should, at the same time, provide her updated contact information to counsel for the respondent.
5If the applicant fails to provide current contact information, as directed, and confirm that she is interested in proceeding with this Application, the Tribunal may deem the applicant to have abandoned this Application.
6This Interim Decision shall be sent to the applicant by regular mail and courier at the mailing address provided in the Application, and to her former counsel and the individual identified as her counsel in Ontario by fax and regular mail.
7I am not seized of this matter.
Dated at Toronto, this 6th day of April, 2009.
“Signed by”
Brian Eyolfson
Vice-chair

