Lawrence Bay v. Lowerys, Limited o/a Lowerys Basics and Terry Law, 2011 HRTO 1457

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lawrence Bay

Applicant

-and-

Lowerys, Limited o/a Lowerys Basics and Terry Law

Respondents

DECISION

Adjudicator: Sheri D. Price

Date: August 3, 2011

Citation: 2011 HRTO 1457

Indexed as: Bay v. Lowerys

AppearanceS BY

) Lawrence Bay, Applicant ) No One Appearing

Lowerys, Limited o/a Lowerys Basics ) Jason Gerry, Representative

and Terry Law, Respondents )

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 June 9, 2011, the Tribunal directed, on its own initiative, 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 will 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 June 9, 2011, advising that the summary hearing would commence promptly at 9:30 a.m. on August 3, 2011. The Notice of Summary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was emailed to the applicant at the email address provided by him to the Tribunal. The applicant consented to the delivery of documents by email in his Application.

4The Summary Hearing was convened by teleconference on August 3, 2011, at the scheduled time. A representative for the respondents was present at the summary hearing. The applicant did not attend the hearing.

5I indicated to the respondents that we would wait some time before commencing the hearing in order to give the applicant an opportunity to attend the call. I commenced the hearing at approximately 9:50 a.m. The applicant was still not present.

6I 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

7The Application is dismissed.