Paul Matthews v. Toronto Police Services Board, 2012 HRTO 456

Human Rights Tribunal of Ontario

B E T W E E N:

Paul Matthews

Applicant

-and-

Toronto Police Services Board

Respondent

decision

Adjudicator: David Muir

Date: March 5, 2012

Citation: 2012 HRTO 456

Indexed as: Matthews v. Toronto Police Services Board

1The applicant filed this Application, dated April 9, 2010, under s. 34 of the Human Rights Code, R.S.O.1990, c. H.19, as amended, (the "Code") alleging discrimination in employment on the basis of disability.

2The applicant (via his representative) wrote to the Tribunal on January 30, 2012. In this letter the applicant's representative took significant issue with my CAD of January 19th 2012, dealing with several production issues raised by both parties. The applicant's letter went on to state as follows:

It is very apparent that the Tribunal has clearly forgotten why it came into existence in its current form. Regardless the applicant will be ignoring the ridiculous content of the CAD and not making the information/documents directed available [as it serves no meaningful purpose], on this application. When possible, and at our convenience, I will review the matter with the applicant in person and if we deem it necessary, we will file a Notice of

Withdrawal. In the meantime, you can consider the hearing date also to be meaningless as neither the applicant nor the writer will be present.

3On February 3, 2012 a further communication was received from the applicant's representative indicating that he "will advise" the applicant to withdraw the Application. The applicant's representative also stated that he would further advise the Tribunal after he has consulted with the applicant.

4In a CAD issued on February 7, 2012 I advised the parties that it appeared to me evident from the foregoing communications that the applicant intended to abandon or withdraw this Application. In order to ensure the fair, just and expeditious adjudication of this Application I made the following Direction at that time:

a. The applicant will confirm his intentions with respect to this Application within in 14 days of the date of this CAD, failing which it will be dismissed as abandoned.

b. If the applicant intends to proceed further with the Application he will comply with the Directions in the CAD of January 19, 2012, failing which the Application may be dismissed for failure to comply with a Tribunal Direction.

5The deadlines outlined in both of paragraphs (a) and (b) above have passed, and nothing further has been received from the applicant. Having regard to the applicants' communication that he intended to withdraw and his failure to comply with any of the Tribunal's Directions as set out above, I am satisfied that the applicant has no intention of proceeding further with this Application and it is accordingly dismissed as abandoned.