HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Farhad Alavi Mehr
Applicant
-and-
Toronto Police Services Board and Officer Cannella
Respondents
DECISION
Adjudicator: Sheri D. Price
Indexed as: Mehr v. Toronto Police Services Board
1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application is scheduled to be heard on October 31, 2012.
2On March 29, 2012, the Tribunal sent the parties a Notice of Confirmation of Hearing directing them to take certain steps in advance of the hearing. In particular, and among other things, the Notice of Confirmation of Hearing directed the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure by providing one another with copies of their arguably relevant documents within 21 days of the date of the Notice of Confirmation of Hearing; and by exchanging with one another and filing with the Tribunal the documents they intended to rely upon at the hearing, a list of their witnesses and a summary of their witnesses’ anticipated evidence by no later than September 17, 2012 (i.e. 45 days before the first scheduled day of hearing).
3The applicant did not provide the respondents or the Tribunal with the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by September 17, 2012.
4Accordingly, in a September 20, 2012 Case Assessment Direction, the Tribunal directed the applicant to provide the materials required under Rules 16 and 17 of the Tribunal’s Rules of Procedure immediately, and in any event within seven (7) days, failing which the Application might be dismissed by the Tribunal as abandoned.
5The applicant’s deadline for complying with the Tribunal’s directions has now passed and the applicant has not delivered to the respondents or filed with the Tribunal the materials required pursuant to the Tribunal’s Rules of Procedure and/or the September 20, 2012 Case Assessment Direction.
6In addition, the applicant has not responded to the respondents’ October 2, 2012 Request for an Order during Proceedings, seeking to have the Application dismissed as an abuse of process and/or on the basis that it has no reasonable prospect of success, and the time for doing so passed on October 16, 2012.
7In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.
ORDER
8The Appliation is dismissed as abandoned.
Dated at Toronto, this 26^th^ day of October, 2012.
“Signed by”
Sheri D. Price
Vice-chair