Human Rights Tribunal of Ontario

BETWEEN:

Jozo Nikic Applicant

-and-

James Kinnaird Respondent

CASE RESOLUTION CONFERENCE DECISION

Adjudicator: Mark Handelman Date: February 17, 2010 Citation: 2010 HRTO 354 Indexed as: Nikic v. Kinnaird

APPEARANCES BY

Jozo Nikic, Applicant ) No one appeared James Kinnaird, Respondent ) Self-represented

Decision

1This is an Application 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 November 25, 2009.

3The Notice of Case Resolution Conference and Required Preparation ("Notice") was sent to the parties on July 17, 2009. In it the parties were advised that the Case Resolution Conference would commence at 9:30 a.m. on November 25, 2009 at 180 Dundas Street West, 22nd Floor in Toronto. The Notice was sent to the address provided to the Tribunal by the applicant in his Application and was not returned.

4At the time and place set for the commencement of the Case Resolution Conference, the respondent was present. The applicant was not present in person or by representative.

5I advised the respondent that the Case Resolution Conference would commence at 10:00 a.m. or when the applicant arrived, whichever occurred first. At 10:00 a.m., the Case Resolution Conference commenced. The applicant was still not present.

6There was no indication that the applicant would not be attending the Case Resolution Conference. There was no indication that the applicant had not received the Notice. I am satisfied that the applicant received timely and proper Notice of the Case Resolution Conference.

7In the absence of the applicant or any explanation regarding her not being present, I dismissed the Application at the Case Resolution Conference.

ORDER

8The Application is dismissed.