Human Rights Tribunal of Ontario
B E T W E E N:
Suresh Kumar
Applicant
-and-
Toronto Police Services Board
Respondent
DECISION
Adjudicator: Yasmeena Mohamed
Indexed as: Kumar v. Toronto Police Services Board
1The applicant filed this Application alleging discrimination contrary to the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the "Code").
2On June 22, 2017, the Tribunal sent the applicant a Notice of Intent to Dismiss ("NOID") advising him that the Application appeared to be outside the Tribunal's jurisdiction. The NOID was sent to the applicant at the regular mail address and the email address set out in the Application and they were not returned as undeliverable. The NOID noted the following:
a. It is unclear what incident of discrimination is alleged to have occurred on March 16, 2016 or how the incident described as occurring on that date constitutes an incident of discrimination within the meaning of the Code.
b. The HRTO does not have the power to consider claims filed more than one year after the last incident of discrimination or the last series of incidents of discrimination unless the delay in filling was incurred in good faith and no substantial prejudice will result to any person affected by the delay [s.34(1)]. The applicant did not appear to have cited facts that constitute "good faith" within the meaning of the HRTO's case law.
3The Tribunal directed the applicant to file submissions in response to the NOID by July 24, 2017. It advised the applicant that, if he did not file any submissions, the Tribunal would make its decision based only on the information in the Application and might consider his failure to respond as an abandonment of the Application against the respondent.
4The applicant did not respond to the NOID and the time for doing so has passed.
Order
5In the above circumstances the Application is dismissed as abandoned.
Dated at Toronto, this 8th day of September, 2017.
"Signed by"
Yasmeena Mohamed
Vice-chair