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Barnard v. Toronto Police Service, 2011 HRTO 536 — HRTO | minicounsel | minicounsel

March 16, 2011

Barnard v. Toronto Police Service, 2011 HRTO 536

Case Summary

The applicant filed an Application under section 34 of the Human Rights Code. The respondent requested further particulars, and the Tribunal directed the applicant to file an amended Application, warning that failure to do so would result in the Application being deemed abandoned. The applicant failed to respond or file the amended Application within the specified time. Consequently, the Tribunal deemed the Application abandoned and dismissed it.

Human Rights Tribunal of Ontario

B E T W E E N:

Korey Barnard

Applicant

-and-

Toronto Police Service

Respondent

DECISION

Adjudicator: Naomi Overend

Date: March 16, 2011

Citation: 2011 HRTO 536

Indexed as: Barnard v. Toronto Police Service

[1] The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on June 29, 2010.

[2] The respondent brought a Request for Order during Proceeding seeking further particulars of the allegations.

[3] In an earlier Interim Decision, [2011 HRTO 307](https://www.minicounsel.ca/hrto/2011/307) issued February 14, 2011, the Tribunal agreed that it “would be very difficult for the respondent to respond given the lack of detail concerning place, time, and identity”. The applicant was directed to file an amended Application within 21 days of receipt of the Interim Decision. The Interim Decision went on to warn the applicant that if he did not file an amended Application as directed he would be deemed to have abandoned his Application.

[4] As of the date of this Decision, the applicant has not responded to the Interim Decision or filed an amended Application and the time for doing so has now passed.

[5] In the circumstances, the applicant is deemed to have abandoned the Application.

[6] The Application is dismissed.

Dated at Toronto, this 16^th day of March, 2011.

“Signed by”

Naomi Overend

Vice-chair

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