John Simmons v. Michael Ostro and Sylvia Fahim, 2011 HRTO 1186

Human Rights Tribunal of Ontario

B E T W E E N:

John Simmons Applicant

-and-

Michael Ostro and Sylvia Fahim Respondents

Decision

Adjudicator: Maureen Doyle Date: June 20, 2011 Citation: 2011 HRTO 1186 Indexed as: Simmons v. Ostro

Appearances By

John Simmons, Applicant ) No one appearing Michael Ostro and Sylvia Fahim, Respondents ) Sharon Wilmot, Counsel

Decision

1This is an Application dated January 26, 2009, made under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). On April 28, 2011, the Tribunal sent a notice to the parties advising that a hearing by teleconference was scheduled as per the Case Assessment Direction ("CAD") dated February 8, 2011. In the February 8, 2011 CAD, the Tribunal had advised the parties that a summary hearing would be held by teleconference and that if the Tribunal determined at that time that the Application had no reasonable prospect of success, it would dismiss the Application. The April 28, 2011 notice to the parties advised that the hearing by teleconference would commence at 9:30 AM on June 20, 2011, and it provided the call-in information needed by the parties to participate in the call.

2On June 20, 2011, the applicant did not call in and was therefore not present at the hearing. Counsel for the respondents attended on the call. In accordance with its usual practice, the Tribunal waited until 10:00 AM. At that time, the hearing was terminated.

3The April 28, 2011 notice of hearing was not returned to the Tribunal as undeliverable. I am satisfied that the Applicant had notice of the hearing.

4In view of the applicant's non-attendance, the Application is hereby dismissed as abandoned.