HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kiefer Douse
Applicant
-and-
The Regional Municipality of Peel Police Services Board
Respondent
DECISION
Adjudicator: Brian Eyolfson
Indexed as: Douse v. Regional Municipality of Peel Police Services Board
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 July 5, 2010.
2On October 6, 2010 the respondent filed its response to the Application and asked that the Tribunal dismiss the Application pursuant to section 45.1 of the Code on the basis that another proceeding had appropriately dealt with the substance of the Application.
3On October 15, 2010 the Tribunal delivered the Response to the applicant and directed him to file a Reply responding to the request to dismiss. The applicant was warned that if he failed to file a Reply the Tribunal would make its decision on the materials in its file or may consider the failure to file a Reply as an abandonment of the Application and dismiss the Application for that reason. The applicant was directed to deliver and file his Reply by no later than October 29, 2010.
4The applicant did not file a Reply as directed. On November 25, 2010 the Tribunal emailed the applicant directing him to advise of his intentions with respect to his Application within seven days or his Application would be deemed abandoned.
5As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence has not been returned.
6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 10th day of December, 2010.
“Signed by”
Brian Eyolfson
Vice-chair