HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
B.Y. by his next friend E.Y.
Applicant
-and-
Ottawa Catholic Childcare Corporation and Crestway School Age Program
Respondents
Decision
Adjudicator: Leslie Reaume
Indexed as: B.Y. v. Ottawa Catholic Childcare
appearances BY
B.Y. by his Next Friend E.Y., Applicant ) No one appearing
Ottawa Catholic Childcare Corporation ) Jock Climie, Counsel and Crestway School Age Program, Respondents )
1This is an Application alleging discrimination in the provision of a service on the basis of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). A hearing was scheduled for three days beginning June 7, 2010, commencing at 10:00 a.m. in Ottawa, Ontario.
2The applicant and his next friend were not present at the hearing. In accordance with its usual practice, the Tribunal waited until 10:30 a.m. before proceeding.
3I am satisfied that the applicant had notice of the hearing. In addition to the Confirmation of Re-Scheduled Hearing notice, the Tribunal corresponded with the applicant’s next friend several times by mail in relation to the scheduling and re-scheduling of the hearing. None of these documents were returned to the Tribunal.
4The scheduling of the hearing for June 7, 2010 was also the subject of several email exchanges between the applicant and the Tribunal in January, 2010. The applicant’s next friend indicated that she was awaiting surgery and was unable to commit to a date to participate in the hearing. In the circumstances, the Tribunal scheduled the hearing for June 7 and indicated in the Confirmation of Re-Scheduled Hearing notice dated February 1, 2010, that if further rescheduling was required, the applicant could make that request to the Tribunal in writing. No such request was received and neither was the notice returned to the Tribunal.
5In view of the applicant’s failure to attend the hearing, the Application is dismissed.
Dated at Toronto this 8th day of June, 2010.
“Signed by”
Leslie Reaume
Vice-chair