Paul Cogan v. AIDS Committee of Simcoe County, 2011 HRTO 1096

Human Rights Tribunal of Ontario

B E T W E E N:

Paul Cogan

Applicant

-and-

AIDS Committee of Simcoe County

Respondent

DECISION

Adjudicator: Sheri D. Price

Date: June 7, 2011

Citation: 2011 HRTO 1096

Indexed as: Cogan v. AIDS Committee of Simcoe County

Appearances By

Paul Cogan, Applicant ) No one appeared for the Applicant

AIDS Committee of Simcoe )

County, Respondent ) Douglas Elliott, Counsel

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (‘the Code”).

2Pursuant to a Case Assessment Direction dated February 17, 2011, the Tribunal directed that a summary hearing be convened pursuant to Rule 19A of the Tribunal’s Rules of Procedure to determine whether the Application should be dismissed, in whole or in part, on the basis that there was no reasonable prospect that the Application or part of the Application would succeed. In its Case Assessment Direction, the Tribunal directed that the summary hearing would proceed by way of teleconference and advised the parties that a Notice of Summary Hearing would be sent to them by the Registrar’s office.

3The Notice of Summary Hearing was sent to the parties on March 28, 2011, advising that the summary hearing would commence at 1:30 p.m. on June 3, 2011. The Notice of Summary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was mailed to the applicant at the address provided by him to the Tribunal. It was not returned.

4The Summary Hearing was convened by teleconference on June 3, 2011 at the scheduled time. The respondent was present at the summary hearing and was represented by counsel. The applicant did not attend the hearing.

4I advised those present on the call that the hearing would commence at 2:00 p.m. or whenever the applicant attended on the call, whichever occurred first. At 2:00 p.m., the applicant was still not present.

5I was satisfied at the hearing that the applicant had received timely and proper notice of the summary hearing. I was not aware of any indication that the applicant would not be attending the hearing. In the absence of the applicant or any explanation for his failure to attend the hearing, I dismissed the Application as abandoned at the hearing.

ORDER

6The Application is dismissed.