Cynthia Kontra

The applicant filed a human rights complaint alleging that a Toronto Transit Commission bus driver discriminated against him based on race and colour by refusing a valid transfer.

Following the disclosure of the driver's name, the applicant brought a request to add the driver, Mark Gray, as a personal respondent.

The Tribunal applied the factors for adding a party and found that the allegations of direct, differential treatment based on race constituted compelling circumstances to add the driver personally.

The request was granted.

The applicant filed an application under section 34 of the Human Rights Code.

The Tribunal scheduled a hearing and sent notice to the applicant.

On the date of the hearing, the respondent appeared with counsel, but the applicant failed to attend.

The applicant also failed to disclose documents or witness information as required by the Tribunal's Rules of Procedure.

The Tribunal concluded that the applicant had abandoned the application and dismissed it pursuant to Rule 3.13.