Human Rights Tribunal of Ontario
B E T W E E N:
Jamaal Cushnie
Applicant
-and-
Toronto Police Services Board, Rhoel Ong, Tiffany Castel, Jeffrey Grough, Michael Lane, Michael Harnish and Katimarie Metzger
Respondents
A N D B E T W E E N:
Perry Newton
Applicant
-and-
Toronto Police Services Board, Rhoel Ong, Tiffany Castel, Jeffrey Grough, Michael Lane, Michael Harnish and Katimarie Metzger
Respondents
A N D B E T W E E N:
Lorenzo Bartley
Applicant
-and-
Toronto Police Services Board, Rhoel Ong, Tiffany Castel, Jeffrey Grough, Michael Lane, Michael Harnish and Katimarie Metzger
Respondents
DECISION
Adjudicator: Geneviève Debané
Date: May 27, 2016
Citation: 2016 HRTO 727
Indexed As: Cushnie v. Toronto Police Services Board
1These are three Applications filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Tribunal directed that these three Applications and Application 2011-08936-I filed by Paulette Cushnie would be processed together.
2On December 31, 2015, the Tribunal issued a Case Assessment Direction (the “December 31 CAD”) which states at paras. 2-4:
In 2011 HRTO 1701 the Tribunal determined that these Applications, because they all related to the same circumstances should be processed together. The Tribunal also determined that it was appropriate that the Applications be deferred pending the conclusion of an investigation by the Special Investigations Unit, one or more complaints to the Office of the Independent Police Review Director (OIPRD), as well as one or more criminal proceeding involving one of the applicants above.
Despite several attempts by the Tribunal to determine the status of these various proceedings the Tribunal has been advised only that the criminal proceeding has concluded, it appears some time ago. None of the applicants have sought to reactivate their Application.
In order to ensure the fair, just and expeditious adjudication of these Applications the Tribunal directs the applicants to confirm, within 28 days of the date of this Case Assessment Direction whether or not any of the proceedings described above are ongoing and if they are not ongoing what each applicant’s intentions are with respect to their Application. If any of the applicants above fails to provide the advice required of this Direction their Application may be dismissed as abandoned.
3On March 9, 2016, the applicant Paulette Cushnie filed a Request to reactivate Application 2011-08936-I. This Request has been opposed by the respondents. The Tribunal will issue a separate Case Assessment Direction specifically for this file to provide directions to the parties.
4The other applicants, Perry Newton, Jamaal Cushnie, and Lorenzo Bartley, have not responded to the Tribunal’s directions in the December 31 CAD and the time for doing so has long passed. The applicants were warned that a failure to respond as directed could result in their respective Applications being dismissed as abandoned. As such, I deem these three applicants to have abandoned their respective Applications.
Order
5The Tribunal orders that Applications 2011-08937-I, 2011-08938-I, and 2011-08939-I, filed by Jamaal Cushnie, Perry Newton, and Lorenzo Bartley, are dismissed and the style of cause shall be amended to remove their names from any future decision.
Dated at Toronto, this 27th day of May, 2016.
“Signed by”
Geneviève Debané
Vice-chair