Brecknell v. Niagara Regional Police Service, 2009 HRTO 673

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jacqueline Brecknell

Applicant

-and-

Niagara Regional Police Service

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: May 22, 2009

Citation: 2009 HRTO 673

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 was not returned, nor did the Tribunal receive 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 represented the applicant in this matter and whether the applicant wished to proceed with this Application and to provide the applicant’s current address for service. In response, counsel advised that he did not represent the applicant in this matter, that he did not know whether she wished to proceed with the Application, and that he did not have her current address.

4By Interim Decision, 2009 HRTO 398, the Tribunal advised the applicant as follows:

The 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.

If 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.

5The Interim Decision was 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. The Tribunal has not received a response to the Interim Decision and the copies sent to the applicant by regular mail and courier at the mailing address provided in the Application have both been returned.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Tribunal’s file will be closed.