Clay Red v. Toronto Police Services Board and James Lee, 2012 HRTO 432

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Clay Red

Applicant

-and-

Toronto Police Services Board and James Lee

Respondents

DECISION

Adjudicator: Brian Eyolfson

Date: February 29, 2012

Citation: 2012 HRTO 432

Indexed as: Red v. Toronto Police Services Board

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on February 25, 2010.

2In Interim Decision 2010 HRTO 2227, issued November 8, 2010, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing disciplinary hearing proceedings.

3On December 14, 2011, the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the disciplinary proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.

4The applicant has not responded to the Tribunal’s December 14 letter. The Tribunal’s letter to the applicant has not been returned as undeliverable.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.