Joseph Briggs v. Toronto Police Services Board and Brad Verspeeten, 2010 HRTO 2154

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joseph Briggs

Applicant

-and-

Toronto Police Services Board

and Brad Verspeeten

Respondents

DECISION

Adjudicator: Mark Hart

Date: October 26, 2010

Citation: 2010 HRTO 2154

Indexed as: Briggs v. Toronto Police Services Board

1This is an Application made under s. 53(5) of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), dated May 20, 2009. The underlying complaint was filed with the Ontario Human Rights Commission (the “Commission”) on August 17, 2007.

2By letter dated June 14, 2010, the applicant was advised that by June 18, 2010 he was required to deliver to the other parties and file with the Tribunal a statement of any additional facts he intends to rely upon and a description of any remedies he seeks, and he also was required to deliver a copy of all arguably relevant documents in his possession to the other parties. The applicant did not do so.

3On July 23, 2010, the respondents filed a Request for Order during Proceedings seeking to have this matter dismissed pursuant to s. 45.1 of the Code. The applicant did not respond to this request.

4On October 4, 2010, the Tribunal issued a Case Assessment Direction to the parties, directing the applicant by October 15, 2010 to deliver to the other parties and file with the Tribunal his statement of any additional facts and remedies and to provide disclosure of all arguably relevant documents to the respondents, and also to deliver to the respondents and file with the Tribunal his submissions in response to the request to dismiss. The applicant was advised that if he did not file these materials as required, his Application may be dismissed as abandoned.

5To date, the applicant has not filed any of these materials with the Tribunal and has not provided disclosure to the respondents, contrary to this Tribunal’s express direction.

6Accordingly, the Application is dismissed as abandoned. The hearing in this matter currently scheduled for December 13, 2010 is cancelled and the parties are relieved from any further pre-hearing obligations.