Human Rights Tribunal of Ontario
B E T W E E N:
Mustapha El-Kaaki
Applicant
-and-
The Regional Municipality of Waterloo Police Services Board
Respondent
DECISION
Adjudicator: Brian Eyolfson Date: April 15, 2014 Citation: 2014 HRTO 540 Indexed as: El-Kaaki v. The Regional Municipality of Waterloo Police Services Board
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 November 18, 2013.
2On January 24, 2014 the Tribunal delivered the respondent’s Response to the Application to the applicant, along with a Notice of Request to Dismiss or Defer the Application (“Notice”). The applicant was directed to respond to the issues raised in the Notice by no later than February 10, 2014. The Notice advised the applicant that a failure to respond to the Notice by the required time may be considered an abandonment of the Application and the Application might be dismissed for that reason. The Notice was delivered to the applicant at his address provided in the Application and was not returned as undeliverable.
3On February 21, 2014, the Tribunal also sent the Notice to the applicant by email at the email address provided for him in the Application. The Tribunal’s email indicated that the applicant must provide submissions in response to the Notice by no later than February 28, 2014. The Tribunal’s February 21, 2014 email to the applicant also indicated that a failure to file written submissions by the required date may be considered an abandonment of the Application and the Application might be dismissed for that reason.
4The applicant has not responded to the Notice and the time for doing so has now passed.
5In the circumstances, the applicant is deemed to have abandoned the Application.
6The Application is dismissed.
Dated at Toronto, this 15th day of April, 2014.
”Signed by”___________________
Brian Eyolfson
Vice-chair