HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Grant Hutchinson
Applicant
-and-
Toronto Police Services Board
Respondent
DECISION
Adjudicator: Ena Chadha
Indexed as: Hutchinson v. Toronto Police Services Board
1The applicant filed this Application on August 13, 2012 alleging discrimination under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, ("Code") as amended, with respect to services, goods and facilities on the basis disability.
2The respondent filed a Response on December 7, 2012, denying the allegations of discrimination and requesting that the Tribunal dismiss the Application on the basis that another proceeding has appropriately dealt with the substance of the Application pursuant to section 45.1 of the Code.
3On December 10, 2012, the Tribunal delivered a copy of the Response and a Notice of Request to Dismiss ("Notice") to the applicant. The Notice set out the basis for the respondent's request to dismiss and directed the applicant to respond to the issues raised in the Notice by no later than January 7, 2013. The Notice advised the applicant that failure to respond to the Notice may be considered an abandonment of the Application and it might be dismissed for that reason.
4In accordance with Rule 9.1 of the Tribunal's Rules of Procedure, an applicant who intends to prove a version of the facts different from those set out in a Response is required to include those facts in a Reply (Form 3), unless such facts are already stated in the Application. Further, as indicated in the Notice, the applicant was required to respond to the request to dismiss by filing submissions setting out his position on the issues. The applicant has failed to file a Reply and failed to file submissions in response to the Notice. The time for filing these materials has now elapsed.
5In the circumstances, the applicant is deemed to have abandoned the Application.
6Accordingly, the Application is dismissed.
Dated at Toronto, this 5th day of February, 2013.
"Signed by"______________________
Ena Chadha
Vice-chair