HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Stephen Kelly
Applicant
-and-
Zone 5 Landscaping and Property Maintenance Inc.
Respondent
DECISION
Adjudicator: Leslie Reaume
Indexed as: Kelly v. Zone 5 Landscaping and Property Maintenance
APPEARANCES
Stephen Kelly, Applicant Did not appear
Zone 5 Landscaping and Property Maintenance Inc. Respondent Harland Tanner, Counsel
1This Decision arises from an Application filed by Stephen Kelly (the “applicant”) against Zone 5 Landscaping and Property Management Inc. (the “respondent”) alleging discrimination on the basis of disability in employment. The Application was filed on March 13, 2009 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2A hearing was scheduled for December 2, 2010 at 10 a.m. in Ottawa, Ontario. The parties were advised of the date, time and location of the hearing by way of a Confirmation of Hearing notice dated August 20, 2010. The Notice was sent to the applicant’s last known address. There is no indication in the file that the Confirmation of Hearing was returned to the Tribunal.
3The respondent, represented by company president Brent Pilon, and vice-president Natalie Pilon, as well as their counsel, Harland Tanner, appeared at the commencement of the hearing at 10 a.m. The Tribunal waited an additional 30 minutes for the applicant to appear.
4The applicant did not appear. Tribunal staff confirmed that the applicant did not contact the Tribunal to seek an adjournment or explain his delay. In addition, the applicant did not comply with Rules 16 and 17 in advance of the hearing which require him to identify the documents he intends to rely on and the witnesses he intends to call at the hearing.
5At 10:30 a.m. the Tribunal reconvened and dismissed the Application.
Dated at Toronto, this 6^th^ day of December, 2010.
“Signed by”
Leslie Reaume
Vice-chair