Bourne v. The Regional Municipality of Peel Police Services Board, 2013 HRTO 732

Human Rights Tribunal of Ontario

Between:

Dwayne Damon Bourne Applicant

-and-

The Regional Municipality of Peel Police Services Board, Heather O’Connor, Stephen Van Der Horden, Duncan Scott, Cody Smith and Kristy Tipping Respondents

Decision

Adjudicator: Naomi Overend Date: May 1, 2013 Citation: 2013 HRTO 732 Indexed as: Bourne v. The Regional Municipality of Peel Police Services Board

Introduction

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 May 18, 2012.

2On February 13, 2013, the Tribunal sent a Notice of Confirmation of Hearing to the applicant and respondents scheduling the Hearing for July 24, 25 & 26, 2013.

3By letter dated February 27, 2013 sent to the Tribunal, respondents’ counsel, Patricia G. Murray, requested that the hearing dates be rescheduled due to Ms. Murray’s unavailability on the scheduled hearing dates.

4On March 8, 2013, the Tribunal sent an email to the applicant and to respondents’ counsel requesting that they provide three consecutive dates to reschedule the previously scheduled Hearing. These dates were to be provided to the Tribunal by March 22, 2013. The applicant did not respond to this request.

5In its letter dated March 22, 2013, respondents’ counsel provided the following available dates to reschedule the Hearing: December 10, 11 and 12, 2012 or January 8, 9 & 10, 2013.

6The Tribunal sent a further email to the applicant on April 3, 2013 asking that the applicant provide three consecutive dates from the respondents’ dates for rescheduling the Hearing. The applicant was asked to provide these dates by April 5, 2013.

7On April 8, 2013, the applicant was asked to confirm his intentions with respect to the application. The applicant was informed that if he did not advise the HRTO of his intentions by April 12, 2013, the Application might be dismissed as abandoned.

8To date, the applicant has not responded to any of the Tribunal’s correspondence.

9In the circumstances, the applicant is deemed to have abandoned the Application.

10The Application is dismissed.