HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Mohamed Ali Yussuf
Applicant
-and-
Ottawa Police Services and Unknown Rizkalla (Badge #1828)
Respondents
DECISION
Adjudicator: Ruth Carey
Indexed as: Yussuf v. Ottawa Police Services
1This is an Application filed on September 4, 2013, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). It involves a traffic stop that occurred on September 3, 2012.
2On October 24, 2013, the Tribunal sent the applicant via mail and email a Notice of Intent to Dismiss (“NOID”). The NOID states in part:
It appears the Application is outside the HRTO’s jurisdiction because:
- The Application was filed more than one year after the last incident of discrimination described in your Application and you do not appear to have cited facts that constitute “good faith”… [s. 34(1)]…
You must provide written submissions responding to the issues identified above. You must file your written submissions on or before November 25, 2013…
If you do not file written submissions by the required time the HRTO … may consider the failure to respond as an abandonment of your Application and dismiss the Application for that reason. [Emphasis in original.]
3The applicant did not respond to the NOID and the time for doing so has now passed.
4In the circumstances, the applicant is deemed to have abandoned the Application.
DECISION
5The Application is dismissed.
Dated at Toronto, this 6th day of January, 2014.
“Signed by”
Ruth Carey
Member