Ali Mohamad Muhumed v. Toronto Police Services Board, 2012 HRTO 534

Human Rights Tribunal of Ontario

B E T W E E N:

Ali Mohamad Muhumed

Applicant

-and-

Toronto Police Services Board

Respondent

DECISION

Adjudicator: Leslie Reaume

Date: March 14, 2012

Citation: 2012 HRTO 534

Indexed as: Muhumed v. Toronto Police Services Board

Appearances

Ali Mohamad Muhumed, Applicant ) No one appearing

Toronto Police Services Board, Respondent ) Andrea Denovan, Counsel

INTRODUCTION

1This is an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2By Case Assessment Direction dated December 1, 2011, the Tribunal, on its own initiative, directed that the matter be scheduled for a Summary Hearing pursuant to Rule 19A of the Tribunal’s Rules of Procedure to determine whether the Application should be dismissed, in whole or in part, on the basis that there was no reasonable prospect that the Application or part of the Application would succeed. In its Case Assessment Direction, the Tribunal directed that the summary hearing would proceed by way of teleconference and advised the parties that a Notice of Summary Hearing would be sent to them by the Registrar’s office. The Notice of Summary Hearing was sent to the parties on December 15, 2011, advising that the summary hearing would commence at 1:30 p.m. on March 12, 2012. The Notice of Summary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was mailed to the applicant at the address provided by him to the Tribunal.

3The Summary Hearing was convened by teleconference on March 12, 2012, at the scheduled time. Counsel for the respondents was present at the summary hearing. The applicant did not attend the hearing.

4I advised those present on the call that the hearing would commence at 2:00 p.m. or whenever the applicant attended on the call, whichever occurred first. At 2:00 p.m. the applicant was still not present.

5I was satisfied at the hearing that the applicant had received notice of the summary hearing. There was no indication that the applicant would not be attending the hearing. In the absence of the applicant or any explanation for his failure to attend the hearing, I dismissed the Application as abandoned.

ORDER

6The Application is dismissed.