HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Emmanuel Tize
Applicant
-and-
David Taylor
Respondent
DECISION
Adjudicator: Brian Eyolfson
Indexed as: Tize v. Taylor
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 September 18, 2009.
2In Interim Decision 2010 HRTO 747 issued on April 1, 2010, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing proceedings before the Ontario Civilian Commission on Police Services (the “OCCPS”).
3On April 12, 2011, the applicant sent a copy of the OCCPS decision to the Tribunal by email.
4On April 13, 2011, the Tribunal responded, by email, to the applicant’s April 12, 2011 email. The applicant was asked whether he was requesting that the Tribunal re-activate his Application, and was informed that if so, he must deliver to the respondent and file with the Tribunal a Form 10, Request for an Order During Proceedings.
5On November 23, 2011, the Tribunal wrote to the applicant by mail and by email. If the applicant wished to re-active the Application, he was asked to file with the Tribunal within 30 days of the date of the letter a Form 10. The applicant was reminded that the Form 10 must be delivered to the respondent and filed with the Tribunal along with a Form 23, Statement of Delivery. The letter went on to warn the applicant that failure to file these documents might result in the Tribunal dismissing the Application as abandoned.
6The applicant has not filed a Form 10 with the Tribunal, nor has the applicant responded to the Tribunal’s November 23, 2011 letter in any other manner. The Tribunal’s letter to the applicant has not been returned as undeliverable.
7In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 17^th^ day of January, 2012.
”signed by”____________
Brian Eyolfson
Vice-chair