Lloyd McPherson v. Jim Hiuser, 2009 HRTO 390

Human Rights Tribunal of Ontario

Between:

Lloyd McPherson Applicant

-and-

Jim Hiuser Respondent

Case Resolution Conference Decision

Adjudicator: Jim Dimovski Date: April 3, 2009 Citation: 2009 HRTO 390 Indexed as: McPherson v. Hiuser

Appearances by:

Lloyd McPherson, Applicant ) No one appearing Jim Hiuser, Respondent ) On his own behalf

Decision

1This is an Application filed September 29, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2This Case Resolution Conference was held in Toronto on April 1, 2009. The Notice of Case Resolution Conference was sent to the parties on January 9, 2009. In it, the parties were advised that the Case Resolution Conference would commence at 10:00 a.m. on April 1, 2009 at 180 Dundas Street West, 22nd Floor in Toronto.

3Prior to April 1, 2009, the Tribunal had issued three Interim Decisions (2008 HRTO 164; 2008 HRTO 397; 2009 HRTO 33) regarding case management directions. In the last Interim Decision, 2009 HRTO 33, the Tribunal ruled documents sent to the applicant by the respondents, but which had been returned unclaimed, to be deemed delivered. The Tribunal also ordered the applicant to comply with his obligations to deliver all arguably relevant documents in his possession and a description of the remedies he sought to the respondent. I am satisfied the applicant received this Interim Decision delivered by courier to him on January 12, 2009.

4The respondent appeared at the hearing. The applicant did not.

5At 11:00 a.m., I commenced the Case Resolution Conference. The respondent requested that I dismiss the Application.

6I am satisfied the applicant received the Notice of Case Resolution Conference from the Tribunal. The Notice was sent to the address provided in his Application and was not returned.

7I am further satisfied the applicant's behaviour suggests he no longer wishes to pursue this Application. He also failed to appear at a mediation, has failed to follow the various case management directions issued by the Tribunal and has not maintained contact with the Tribunal or the respondent.

8In all these circumstances, and after considering the respondent's submissions, I dismiss the Application.