HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
William Smyth
Applicant
-and-
Toronto Police Services Board and Suhail Khawaja
Respondents
DECISION
Adjudicator: Kathleen Martin
Indexed as: Smyth v. Toronto Police Services Board
[1] This is an Application filed on September 11, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”).
2On December 20, 2010, the Tribunal issued a Case Assessment Direction providing a number of directions to the applicant including that he confirm in writing his intentions with respect to the Application and whether he wished to continue with the Application by December 28, 2010 and, if he did, to immediately deliver arguably relevant documents to the respondents by the same date. The Tribunal stated that in the event that the applicant does not comply with these directions, the Tribunal may consider the applicant’s failure to comply as an abandonment of the Application and dismiss it on that basis or may seek further submissions from the parties as to what other relief should be granted including whether or not the Application should be dismissed on some other basis.
3The Tribunal has not received any written or other communication from the applicant as to his intentions with respect to the Application and the deadline for doing so has elapsed.
4The Tribunal has received email correspondence from both respondents requesting that the Application be dismissed given the applicant’s non-compliance with the Case Assessment Direction.
[5] Having regard to the above and the absence of any communication from the applicant, I find that the applicant has abandoned the Application. The Application is therefore dismissed.
Dated at Toronto, this 7^th^ day of January, 2011.
”signed by”_________
Kathleen Martin
Vice-chair