Human Rights Tribunal of Ontario
B E T W E E N:
Nacon Dioba
Applicant
-and-
Sun King Cleaners and Jae Kyun Lee
Respondents
DECISION
Adjudicator: Sheri Price
Indexed as: Dioba v. Sun King Cleaners
APPEARANCES BY
Nacon Dioba, Applicant ) No one appeared
Sun King Cleaners and Jae Kyun Lee, Respondents ) Jina Lee, Representative
1This is an Application filed on February 27, 2009 under section 34 of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2A hearing in this matter was held in Toronto on September 10, 2009.
3The Confirmation of Hearing was sent to the parties on May 29, 2009. In it, the parties were advised that the hearing would commence at 9:30 a.m. on September 10, 2009 at 655 Bay Street, 14th Floor, in Toronto. The Notice was sent to the applicant at the address provided by him in his Application and was not returned.
4At the time and place set for the commencement of the hearing, the respondents were present and represented. The applicant was not present.
5I advised those present that the hearing would commence at 10:00 a.m. or when the applicant arrived, whichever occurred first. At 10:00 a.m., the applicant was still not present.
6There was no indication prior to the hearing that the applicant would not be attending the hearing. There is no indication that the applicant did not receive notice of the hearing. I am satisfied that the applicant received timely and proper notice of the hearing.
7In the absence of the applicant or any explanation for his failure to attend the hearing, I dismissed the Application at the hearing.
ORDER
8The Application is dismissed.
Dated at Toronto, this 11th day of September, 2009.
"Signed By"
Sheri D. Price
Vice-chair

