HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Barrington Brooks

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services

Respondent

DECISION

Adjudicator: David Muir Date: September 19, 2016 Citation: 2016 HRTO 1223 Indexed As: Brooks 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"). The Application was filed on November 30, 2015

2The Application was delivered to the respondent(s) on March 7, 2016.

3The respondent sought an extension of time to file a Response which was granted. The respondent filed its Response to the Application on May 5, 2015.

4The Tribunal attempted to deliver the Response to the applicant on May 27, 2016 care of the respondent because at the time it was believed that the applicant was in the custody of the respondent.

5The Response was returned. The respondent advised that the applicant had been released from custody in April, 2016. The respondent advised that it had no forwarding address for the applicant but it did have "a last known address".

6On July 21, 2015 the respondent filed a Request for Summary Hearing (Form 26). The respondent also appeared to have attempted to deliver the Form 26 to the applicant by courier.

7The applicant had not provided the Tribunal with updated contact information as required by the Tribunal's Rules and had not communicated with the Tribunal for some period of time.

8In a Case Assessment Direction issued on July 26, 2016 the Tribunal made the following Directions:

a. The respondent is directed to deliver its Response together with this Case Assessment Direction ("CAD") to the applicant it the "last known address".

b. The applicant is directed to provide updated contact information within 14 days of the date of this CAD, failing which the Application may be dismissed as abandoned;

c. The applicant is directed to deliver and file a Reply to the Response (Form 3) and/or a Response (Form 11) to the respondent's Request for Summary Hearing within 14 days of the date of this CAD failing which the Application may be dismissed as abandoned.

9On July 27, 2016 the respondent confirmed that it had delivered the materials required by the Directions above to the applicant at the last known address.

10On September 9, 2016 the respondent wrote to the Tribunal seeking the dismissal of the Application as abandoned.

11The applicant has not responded to the Directions above and has not communicated with the Tribunal in any way.

12The Tribunal's Rule 5.4 provides as follows:

5.4 The Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

[13] In the circumstances it appears that the applicant has abandoned his Application and it is dismissed.