HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ignacio Drenic
Applicant
-and-
The YMCA of Greater Toronto, Fernando Sofia, Dedric Nelson, Charmine Williams, Lesley Davidson, Roberto Grande and Ion Radonescu
Respondents
DECISION
Adjudicator: David A. Wright
Indexed as: Drenic v. YMCA of Greater Toronto
APPEARANCES
Ignacio Drenic, Applicant ) No One Appearing
The YMCA of Greater Toronto, Fernando Sofia, ) Melany Franklin and Dedric Nelson, Charmine Williams, Lesley Davidson ) Naomi Calla, Roberto Grande and Ion Radonescu, respondents ) Counsel
1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. By Case Assessment Direction dated July 10, 2009, the Tribunal directed that a Conference Call be held to hear submissions on two issues: (i) whether, if found to be true, the applicant’s allegations disclose a violation of the Code; and (ii) whether the personal respondents should be removed as respondents at this stage of the proceedings.
2The conference call was scheduled for August 10, 2009, at 9:00 AM and a dial-in number was provided to all parties. Although the respondents attended, the applicant did not dial in. It is clear that the applicant was aware of the call, as he wrote various e-mails in response to the Case Assessment Direction, including two on Friday, August 7, 2009. The Tribunal waited half an hour following the scheduled start time, in accordance with its standard practice, but the applicant did not attend.
3Where a party does not attend a scheduled hearing, the Tribunal will proceed in that party’s absence. In the case of a non-attending applicant, this leads to the dismissal of the Application: Edward v. Moda at Home, 2009 HRTO 568. A conference call is a scheduled hearing, and non-attendance has the same consequences.
4The Application is dismissed.
Dated at Toronto, this 10th day of August, 2009.
“Signed By”
David A. Wright
Vice-chair
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