Adam Hinchliffe v. Sun Chemical Limited, 2010 HRTO 2097

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Adam Hinchliffe

Applicant

-and-

Sun Chemical Limited

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: October 18, 2010

Citation: 2010 HRTO 2097

Indexed as: Hinchliffe v. Sun Chemical

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 on the basis of disability in the context of employment.

2The respondent argues that the Application should be dismissed because the applicant has signed a full and final release, which addresses the subject matter of the Application.

3The Tribunal scheduled an oral hearing by telephone conference for June 21, 2010, to address this issue. The applicant failed to attend the telephone conference hearing on June 21, 2010. On June 28, 2010, he wrote to the respondent and the Tribunal to advise that, although he attempted to connect to the telephone conference hearing, he was unable to do so.

4In an Interim Decision, 2010 HRTO 1440, the Tribunal held that, in the circumstances, it was appropriate to schedule a second telephone conference. The Tribunal wrote:

In the event that applicant has difficulty accessing the telephone conference hearing, he is directed to communicate immediately with the Tribunal, through the Registrar or the case processing officer. If the applicant fails to attend the hearing or to contact the Tribunal within thirty minutes of the beginning of the hearing, the Application may be dismissed as abandoned.

5The second telephone conference hearing took place on October 15, 2010, at 9:30 AM. The respondent attended, but the applicant did not attend and did not communicate with the Tribunal within 30 minutes of the beginning of the hearing.

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. He has not done so.

7Accordingly, the Application is dismissed as abandoned.