Michael Christianson v. Special Investigations Unit and Steve Gibbons, 2009 HRTO 1535

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Christianson

Applicant

-and-

Special Investigations Unit and Steve Gibbons

Respondents

DECISION

Adjudicator: Naomi Overend

Date: September 23, 2009

Citation: 2009 HRTO 1535

Indexed as: Christianson v. Special Investigations Unit

Appearances by

Michael Christianson, Applicant ) No one appeared

Special Investigations Unit and ) Kisha Chatterjee

Steve Gibbons, Respondents )

1The applicant, Michael Christianson, filed this Application on November 17, 2008 under section 34 of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. A Notice of Hearing (“Notice”) was sent to the parties on May 20, 2009, advising them that the hearing in this matter would take place on September 11, 2009, at the Amhestburg Room, Holiday Inn Select, 1855 Huron Church Road, Windsor, commencing at 10:00 a.m. The Notice was sent to the applicant at the address provided to him in his Application and was not returned.

2In the meantime, the respondents filed a Request for Order During Proceedings (“Request”) on July 29, 2009, asking the Tribunal to dismiss the Application as being outside its jurisdiction, among other things. The respondents requested that this Request be dealt with in writing. The applicant did not file a Response to the Request. By Case Assessment Direction, dated September 2, 2009, I advised the parties that I would use the September 11, 2009 hearing date to hear oral submissions on the respondents’ Request. Again, the Case Assessment Direction was sent to the applicant at the address provided to him in his Application and was not returned.

3On September 11, 2009, at the time and place listed on the Notice of Hearing, counsel for the respondents was present. At 10:45 a.m., the applicant had still not arrived, nor communicated with the Tribunal that there was some issue with his attendance.

4I am satisfied that the applicant received the Notice, the Request and the Case Assessment Direction. There was no indication from the applicant prior to the hearing that he would not be attending. In the absence of the applicant and any explanation for his non-attendance, this Application is dismissed as abandoned.