HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Clifton Newman
Applicant
-and-
Toronto Police Services Board, Sarah Thayalan and Graziella Crescenzi
Respondents
DECISION
Adjudicator: Mark Hart
Indexed as: Newman v. Toronto Police Services Board
1This is an Application under section 53(5) of the Human Rights Code (the "Code") filed with the Tribunal on June 22, 2009. The underlying complaint to the Commission is dated October 3, 2007.
2On October 2, 2009, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on December 11, 2009. All parties previously had indicated that they were willing to attend mediation. The parties also were advised to notify the Tribunal within ten days if they were unable to attend on the scheduled mediation date. No such notification was received from the applicant.
3The applicant failed to attend the mediation on December 11, 2009. Counsel for the respondents together with a client representative did attend the mediation, and waited with the Tribunal mediator for half an hour for the applicant to appear. Attempts were made by the Tribunal mediator to contact the applicant, to no avail. As a result, the mediation was cancelled.
4On December 18, 2009, the Tribunal sent a letter to the parties noting that the applicant had failed to attend the scheduled mediation, and directing him to write to the Tribunal within 14 days to explain his failure to attend and to advise whether he still intends to proceed with the Application. The applicant was further notified that if the Tribunal did not hear from him by that time, the Tribunal may consider the Application to have been abandoned.
5To date, no correspondence has been received from the applicant confirming that he intends to proceed with this Application. Accordingly, the Application is hereby dismissed as abandoned and the Tribunal will close its file in this matter.
Dated at Toronto, this 15th day of March, 2010.
"Signed by"
Mark Hart
Vice-chair