Wanmin Tan v. HPG Limited, Scott Stacey and Mike Brown, 2009 HRTO 2244

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wanmin Tan

Applicant

-and-

HPG Limited, Scott Stacey and Mike Brown

Respondents

decisiON

Adjudicator: Keith Brennenstuhl

Date: December 22, 2009

Citation: 2009 HRTO 2244

Indexed as: Tan v. HPG

AppearanceS BY

Wanmin Tan, Applicant ) No one appearing

HPG Limited, Scott Stacey and Mike Brown, ) Mike Brown,

Respondents ) Representative )

1This is an Application dated January 10, 2009 filed under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2This hearing was held in Toronto on December 11, 2009.

3The Confirmation of Hearing Dates and Required Preparation (Notice) was sent to the parties on September 15, 2009. In it the parties were advised that the hearing would commence at 9:30 a.m. on December 11, 2009 at 180 Dundas Street West, 22nd Floor in Toronto. The Notice was sent to applicant at the address provided in his Application and was not returned.

4At the time and place set for the commencement of the hearing, a representative of the corporate respondent and the personal respondents were present. The applicant was not present.

5I advised the respondents that the hearing would commence at 10:00 a.m. or when the applicant arrived, whichever occurred first. At 10:00 a.m. the hearing commenced. The applicant was still not present.

6There was no indication that the applicant would not be attending the hearing. There is no indication that the applicant had not received the Notice. I am satisfied that the applicant received timely and proper Notice of the hearing.

7In the absence of the applicant or any explanation regarding him not being present, I dismissed the Application at the hearing.

ORDER

8The Application is dismissed as abandoned.