Ishaq Abutalib v. Toronto Police Services Board, 2009 HRTO 2210

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ishaq Abutalib

Applicant

-and-

Toronto Police Services Board, Maria Ciani, Doug Reynolds, Graham Whitehead and William Blair

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: December 18, 2009

Citation: 2009 HRTO 2210

Indexed as: Abutalib v. Toronto Police Services Board

1This is an Application filed June 17, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents filed a Request for Order during Proceedings seeking dismissal of the Application on the basis that it was filed more than one year after the alleged discrimination and is therefore barred under section 34(1) of the Code. A hearing in this matter is scheduled for March 30, 2010.

2The applicant states that he first contacted the Ontario Human Rights Commission on September 17, 2003 and spoke with a staff person named Jennifer “Wiens” and indicated that he wanted to file a complaint. Ms. Wiens allegedly advised him that the complaint would be held in abeyance until the grievance procedure was completed. The applicant was provided with file number 17092003LHRS-5RGPYH which the applicant understood to mean that the complaint had been filed.

3The applicant asserts that he continued to keep the Commission apprised of the status of his grievance through telephone calls with a Ms. Natalie “Riox” on July 13 and 17, 2004.

4However, the records submitted by the applicant do not include a record of contact from the 2003 and 2004 telephone calls to the Commission.

5Accordingly, the Commission is directed to provide the following documents and information within 21 days of the date of this Interim Decision:

• the applicant’s file at the Commission, if any, related to inquiry number 17092003LHRS-5RGPYH;
• An indication whether Jennifer “Wiens” and Natalie “Riox” were employed at the Commission in 2003 and 2004 and if so, in what capacity;
• Any information pertaining to the inquiry number 17092003LHRS-5RGPYH provided to the applicant;
• Any explanation concerning whether all telephone inquiries are recorded under the inquiry number.