HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Johnnathan Hunter

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services and Deborah Haring

Respondents

DECISION

Adjudicator: Ken Bhattacharjee

Date: August 27, 2009

Citation: 2009 HRTO 1333

Indexed as: Hunter v. Ontario (Community Safety and Correctional Services)

appearances BY

Johnnathan Hunter, Applicant ) No one appearing

Her Majesty the Queen in Right of Ontario )

as represented by the Ministry of ) Christopher Diana, Counsel

Community Safety and Correctional Services )

and Deborah Haring, Respondents )

[1] The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on October 8, 2008.

[2] The Tribunal sent the parties a Confirmation of Rescheduled Hearing notice by regular mail on June 29, 2009. The notice informed the parties that the Tribunal had scheduled a hearing of the Application on August 26 and 27, 2009 at 655 Bay Street, 14^th^ Floor, Toronto, Ontario, commencing at 9:30 AM. At the hearing, I dismissed the Application with written reasons to follow. The following are my reasons.

[3] The Tribunal held a conference call with the parties on June 15, 2009, and requested availability dates from the parties for a rescheduled hearing. The Confirmation of Rescheduled Hearing notice, which was sent to the applicant’s address in his Application, was not returned to the Tribunal.

[4] The Tribunal issued a Case Assessment Direction dated June 25, 2009, which ordered the parties to comply with Rules 16 and 17 of the Tribunal’s Rules of Procedure, with respect to disclosure of documents and witnesses, within two weeks of the date of the CAD. The CAD was sent to the applicant and was not returned to the Tribunal. The respondents complied with the Tribunal’s order, but the applicant did not.

[5] The respondents attended the hearing at the date, time and place that was set out in the Confirmation of Rescheduled Hearing notice, but the applicant did not appear.

[6] I commenced the hearing at 10:30 AM and invited submissions from the respondents’ counsel on how I should deal with the applicant’s failure to appear at the hearing.

[7] The respondents’ counsel stated that he called the applicant on August 21, 2009, to find out what his intentions were with respect to the hearing. He stated that the applicant told him that he would be attending the hearing, but intended to request that the Tribunal adjourn the hearing in order to give him time to retain legal counsel. The respondents’ counsel stated that he told the applicant that he would be opposing his request for an adjournment.

[8] The respondents’ counsel requested that the Tribunal dismiss the Application on the basis that the applicant received notice of the hearing, but refused to attend.

[9] I accept that the respondents’ counsel and the applicant had a discussion on August 21, 2009, about adjourning the hearing.

[10] Based on the above facts, I am satisfied that the applicant was aware that the hearing was scheduled for August 26 and 27, 2009, but decided not to attend.

[11] The applicant commenced a legal proceeding when he filed his Application with the Tribunal. It is the applicant’s responsibility to attend the hearing and provide evidence in support of the allegations raised in the Application. In the absence of such evidence, the Tribunal is unable to proceed with the Application and there is no onus or responsibility on the respondents to provide evidence in response to allegations.

[12] Accordingly, the Application is dismissed.

Dated at Toronto, this 27^th^ day of August, 2009.

“Signed by”

Ken Bhattacharjee

Vice-chair