Michelle Onyskow v. Toronto Police Services, 2011 HRTO 1718

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michelle Onyskow Applicant

-and-

Toronto Police Services Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: September 19, 2011

Citation: 2011 HRTO 1718

Indexed as: Onyskow v. Toronto Police Services

1The Application was filed on December 7, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging discrimination on the basis of disability in respect of the provision of services.

2In her Application, the applicant indicates that she also filed a complaint with the respondent and a subsequent request for review with the Office of the Independent Police Review Director (OIPRD) concerning the allegations raised in her Application. The Tribunal issued a Notice of Intent to Defer the Application to the OIPRD proceedings on February 10, 2011.

3The applicant and respondent both advised the Tribunal that they consented to the deferral pending the completion of the OIPRD proceedings. On March 24, 2011, the Tribunal wrote to the parties to advise them that the Application was deferred on consent.

4By letter dated June 16, 2011, OIPRD wrote to the applicant to advise her that it had completed its review and that it had confirmed the decision of the respondent as reasonable. It also advised her that it had closed its file.

5The applicant then filed a Request for Order During Proceedings (Form 10) asking to reactivate her Application. Although the Request to reactivate this Application was delivered to the respondent on August 15, 2011, the respondent did not file any response submissions with the Tribunal and the time for so doing has now passed.

6In the circumstances, the request to proceed is appropriate and is granted. The Respondent has 35 days from the date of this Interim Decision to file its Response to the Application.

7I am not seized of this matter.