Courish v. Zaffino, 2010 HRTO 1475

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gil Courish Applicant

-and-

Pascal Zaffino Respondent

DECISION

Adjudicator: Alison Renton Date: July 7, 2010 Citation: 2010 HRTO 1475 Indexed as: Courish v. Zaffino

APPEARANCES BY:

Gil Courish, Applicant ) No one appearing Pascal Zaffino, Respondent ) On his own behalf

1This is an Application filed on June 25, 2009 under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19 as amended (the “Code”) in which the applicant alleged discrimination in employment on the basis of creed.

2A hearing in this matter was scheduled for July 5 and 6, 2010 by way of a Confirmation of Hearing Notice (“the Notice”) sent by the Tribunal to the parties on February 25, 2010. In it, the parties were advised that the hearing would commence at 10:00 am on July 5, 2010 at Room 303, 400 City Hall Square East in Windsor. The Notice was sent to the applicant at the address he provided to the Tribunal in a fax dated November 12, 2009.

3At the time and place set for the commencement of the hearing, the respondent attended along with his witness.

4In accordance with the Tribunal’s practice, the hearing was adjourned until 10:30 am. When the hearing resumed, the applicant still had not attended. The respondent submitted that the Application should be dismissed. The Tribunal ruled orally that the Application would be dismissed with written decisions 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 determine 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. Accordingly, the Application is dismissed as abandoned.