HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Raphael Tucker
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services
Respondent
DECISION
Adjudicator: Douglas Sanderson
Date: September 26, 2014
Citation: 2014 HRTO 1451
Indexed as: Tucker v. Ontario (Community Safety and Correctional Services)
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to goods, services or facilities because of race, colour and disability.
2The Tribunal received the following Requests from the respondent:
a. A Request to dismiss the Application, in part, for delay received on June 17, 2014;
b. A Request for production and particulars dated June 20, 2014;
c. A Request for Summary Hearing received on June 23, 2014; and
d. A Request for the Tribunal’s permission to use information obtained by the respondent from the Vice-chair during the course of the Mediation received on July 3, 2014.
3The applicant did not respond to any of these Requests within the time specified in the Tribunal’s Rules of Procedure. In a Case Assessment Direction, dated July 22, 2014, the Tribunal directed the applicant to file with the Tribunal and deliver to the respondent: a) his position with respect to the respondent’s Requests and b) confirmation in writing that he wishes to proceed with the Application, within 21 days of the date of the Case Assessment Direction. The Tribunal also advised the applicant that the Tribunal would deem him to have abandoned the Application if he did not confirm in writing that he is proceeding with the Application.
4As of the date of this Decision, the applicant has not confirmed that he intends to proceed with the Application. In these circumstances, the Tribunal deems the applicant to have abandoned the Application.
5The Application is dismissed.
Dated at Toronto, this 26^th^ day of September, 2014.
“signed by”
Douglas Sanderson
Vice-chair