Quenneville v. Ottawa Young Men’s and Young Women’s Christian Association, 2009 HRTO 2214

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Garry Quenneville

Applicant

-and-

Ottawa Young Men’s and Young Women’s Christian Association

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: December 18, 2009

Citation: 2009 HRTO 2214

Indexed as: Quenneville v. Ottawa Young Men’s and Young Women’s Christian Association

Appearances

Garry Quenneville, Applicant ) No one appearing

Ottawa Young Men’s and Young Women’s ) Nancy Sharp and Don Noble, Christian Association, Respondent ) representatives

1This Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), raises allegations that the respondent discriminated against the applicant in the context of housing on the basis of sex, sexual orientation, marital status, receipt of public assistance and association with a person identified by a listed ground. The respondent denies the allegations.

2A hearing was scheduled in Ottawa on December 17, 2009. Representatives of the respondent attended the hearing at the date, time, and place that was set out in the Confirmation of Hearing Notice. The applicant did not appear.

3At the hearing, the respondent requested that the Tribunal dismiss the Application on the basis that the applicant had abandoned the Application, having failed to attend the hearing.

4I ruled orally that the Application is dismissed, with written reasons to follow.

DECISION

5Rule 3.13 of the Tribunal’s Rules of Procedure states:

Where a party has been notified of a hearing and fails to attend, the Tribunal may:

a) proceed in the party’s absence;

b) determine that the party is not entitled to further notice of the proceedings;

c) determine that the party is not entitled to present evidence or make submissions to the Tribunal;

d) decide the Application based solely on the materials before it;

e) take any other action it considers appropriate.

6The applicant commenced a legal proceeding when he filed his Application with the Tribunal. It is the applicant’s responsibility to participate in this proceeding by taking the necessary steps to pursue it, including attending the hearing scheduled to consider the allegations raised in the Application. He has not done so.

7The applicant appears to have received timely and proper notice of the hearing, but has failed to attend. I am satisfied the Application may be dismissed as abandoned.