Girling v. Caledonia Auto Supply, 2011 HRTO 1537

Human Rights Tribunal of Ontario

Between:

Timothy Girling Applicant

-and-

Caledonia Auto Supply and Rick Morris Respondents

Decision

Adjudicator: Mark Hart Date: August 17, 2011 Citation: 2011 HRTO 1537 Indexed as: Girling v. Caledonia Auto Supply

1This is an Application made under s. 53(5) of the Ontario Human Rights Code (the "Code"), dated May 30, 2009. The underlying complaint was filed with the Ontario Human Rights Commission (the "Commission") on July 2, 2006.

2The applicant alleges that he experienced discrimination in employment because of sex contrary to ss. 5 and 9 of the Code, arising out of his layoff from employment at the corporate respondent.

3On March 10, 2011, the Tribunal sent a Notice of Hearing to the parties setting the hearing date for August 15, 2011 in St. Catharines commencing at 1:30 p.m. The Notice of Hearing was sent to the applicant's address as recorded in the Tribunal's file.

4The applicant did not appear at the hearing scheduled for August 15, 2011. The respondents were in attendance. No communication was received by the Tribunal to explain the applicant's failure to appear. When the applicant still had not appeared by 2:15 p.m., the respondents were advised that the Application would be dismissed as abandoned.

5It is the applicant's responsibility to attend the hearing in this matter and to present evidence in support of his allegations. In the absence of the applicant fulfilling his obligation to do so and in the absence of any explanation as to his failure to attend the hearing, the Tribunal has no proper or sufficient basis to support the applicant's allegations or to continue this proceeding.

6Accordingly, I deem this Application to have been abandoned and hereby dismiss the Application.