Salama v. Superior Court of Justice, 2013 HRTO 777

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ahmed Mahmoud Abdallah Salama

Applicant

-and-

Superior Court of Justice

Respondent

DECISION

Adjudicator: Naomi Overend Decision Date: May 9, 2013 Citation: 2013 HRTO 777 Indexed as: Salama v. Superior Court of Justice

Introduction

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on January 18, 2013.

2On January 22, 2013, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appears to be outside the Tribunal’s power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than February 21, 2013. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

3The NOID was sent by regular mail to the Hamilton-Wentworth Detention Centre as the applicant advised that he was detained at that facility and that regular mail could be sent to his attention at that facility.

4On April 2, 2013, the Tribunal sent correspondence and a copy of the NOID via regular mail to his residence and by e-mail to an address identified on the Application as the applicant had not yet responded to the earlier NOID. The applicant was directed to respond to the issues raised in the NOID by no later than April 12, 2013. The correspondence advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

5The applicant has not responded to the NOID and the time for doing so has now passed.

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.