Dean v. Fernades, 2011 HRTO 1387

Human Rights Tribunal of Ontario

B E T W E E N:

Nicholas Dean

Applicant

• and-

Paul Fernades

Respondent

decision

Adjudicator: Brian Cook

Date: July 26, 2011

Citation: 2011 HRTO 1387

Indexed as: Dean v. Paul Fernades

APPEARANCES

Nicholas Dean, Applicant ) no one appearing

Paul Fernades, Respondent ) self represented

1This is an Application alleging discrimination in employment contrary to the Human Rights Code, R.S.O. 1990, c.H-19, as amended. A hearing was scheduled for July 20, 2011 commencing at 9:30 am at the Tribunal’s hearing centre in Toronto.

2The applicant was not present at the hearing. In accordance with its usual practice, the Tribunal waited until 10:00 am before proceeding.

3The Notice of Hearing was sent to the address that the applicant provided in the Application. The applicant has not contacted the Tribunal to change his contact information. None of the Tribunal’s correspondence to the applicant has been returned to the Tribunal as not deliverable.

4I am satisfied that the applicant had notice of the hearing.

5The Notice of Hearing explained the consequences of a failure to attend the hearing:

If you fail to attend the hearing after receiving proper notice the HRTO may

i. Proceed in your absence;

ii. Determine you are not entitled to further notice of the proceedings;

iii. Determine you are not entitled to present evidence or make submissions to the HRTO;

iv. Decide the Application based solely on the materials before the HRTO;

v. Take any other action the HRTO considers appropriate.

6In view of the applicant’s failure to attend, the Application is dismissed.