CITATION: Hossain v. Toronto Police Services Board, 2018 ONSC 332
DIVISIONAL COURT FILE NO.: 316/17 DATE: 2018 01 11
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
WARKENTIN R.S.J., SWINTON and C. HORKINS JJ.
BETWEEN:
MAHABUB HOSSAIN
Mahabub Hossain, acting in person
Applicant
– and –
TORONTO POLICE SERVICES BOARD and CHILDRENS AID SOCIETY OF TORONTO
Michael J. Sims, for the Respondent, Toronto Police Services Board
Respondents
Brian A. Blumenthal, for the Human Rights Tribunal of Ontario
HEARD at Toronto: January 11, 2018
SWINTON J. (Orally)
[1] The applicant seeks judicial review of the initial decision and the reconsideration decision of the Human Rights Tribunal of Ontario (the “Tribunal”) that dismissed his human rights application pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 (the “Code”).
[2] Section 34(1) requires that a person bring an application under the Code within one year after the incident to which the application relates or, if there is a series of incidents, within one year of the last incident in the series. Pursuant to s. 34(2), the Tribunal may permit an application to proceed despite the expiry of the time limit if the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.
[3] The standard of review on this application for judicial review is reasonableness - that is, the Court must decide if the decision of the Tribunal was reasonable.
[4] There is no basis for judicial interference with the Tribunal’s decisions. The incidents of which the applicant complains in the details set out in his human rights application form arose more than one year before he brought the application on August 2, 2016. The incidents described occurred from 2003 to 2012.
[5] The applicant submits before this Court, that his encounter with the Toronto Police Service (“TPS”) on August 20, 2016 is one of a series of incidents, and so his application before the Tribunal was not time-barred. However, as the Tribunal noted, he gave no particulars of discrimination arising from that encounter, which occurred after he had made his application. Indeed, the police notes show that he was complaining of monitoring by the Prime Minister and others, while the other incidents from 2003 to 2012 relate to concerns about inaction by the TPS and the Childrens Aid Society of Toronto relating to alleged child abuse. Therefore, he is not able to bring himself within s. 34(1)(b).
[6] The applicant failed to provide any good faith reason for the delay in filing the Code application. Given these facts, the Tribunal reasonably concluded that the Code application must be dismissed for delay, as required by s. 34. Accordingly, the application for judicial review is dismissed.
WARKENTIN R.S.J.
[7] I have endorsed the Application Record as follows: “This Application is dismissed for oral reasons delivered today by Swinton J. No costs.”
___________________________ SWINTON J.
I agree
WARKENTIN R.S.J.
I agree
C. HORKINS J.
Date of Reasons for Judgment: January 11, 2018
Date of Release: January 18, 2018
CITATION: Hossain v. Toronto Police Services Board, 2018 ONSC 332
DIVISIONAL COURT FILE NO.: 316/17 DATE: 2018 01 11
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
WARKENTIN R.S.J., SWINTON and C. HORKINS JJ.
BETWEEN:
MAHABUB HOSSAIN
Applicant
– and –
TORONTO POLICE SERVICES BOARD and CHILDRENS AID SOCIETY OF TORONTO
Respondents
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: January 11, 2018
Date of Release: January 18, 2018