HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Mohammed Khader
Applicant
-and-
Ontario Superior Court of Justice
Respondent
DECISION
Adjudicator: Douglas Sanderson
Indexed as: Khader v. Ontario Superior Court of Justice
WRITTEN SUBMISSIONS
Mohammed Khader, Applicant
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to goods, services and facilities.
2On August 15, 2017, the Tribunal sent the applicant a Notice of Intent to Dismiss ("NOID") that advised him that the Application appears to be outside the Tribunal's jurisdiction because:
the/a respondent is an arbitrator, adjudicator or judge. The HRTO has stated that it has no jurisdiction to hear applications against courts and tribunals based on the execution of adjudicative duties or decision-making because of the doctrine of judicial or adjudicative immunity: see Cartier v. Nairn 2009 HRTO 2208; Hazel v. Ainsworth Engineered Corp. 2009 HRTO 2180; Seberras v. Workplace Safety and Insurance Board, 2012 HRTO 115.
3The Tribunal directed the applicant to file written submissions in response to the NOID by September 14, 2017.
4The NOID warned the applicant that if he did not file written submissions by the specified date, then the Tribunal would make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason. As of the date of this Decision, the applicant has not filed any submissions in response to the NOID. In the circumstances it appears the applicant has abandoned the Application.
5The Application is dismissed as abandoned.
Dated at Toronto, this 2nd day of October, 2017.
"Signed By"
Douglas Sanderson
Vice-chair