Dave Ravindra v. 1327601 Ontario Inc., 2011 HRTO 167

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dave Ravindra Applicant

-and-

1327601 Ontario Inc. Respondent

Decision

Adjudicator: Brian Eyolfson Date: January 24, 2011 Citation: 2011 HRTO 167 Indexed as: Ravindra v. 1327601 Ontario

APPEARANCES BY

Dave Ravindra, Applicant ) No one appearing

1327601 Ontario Inc., Respondent ) Peter Matukas, Counsel, ) and Jeffrey Dick, Representative

DECISION

1This is an Application filed on April 22, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the “Code”), alleging discrimination in the area of goods, services and facilities. The respondent filed a Response on August 14, 2009. In addition, on October 16, 2009, the respondent filed a Request for an Order During Proceedings (“Request”), seeking dismissal of the Application on the basis that the Application has no merit.

2A hearing in this matter was initially scheduled for June 7, 2010. The respondent’s representative requested an adjournment of this hearing date, for medical reasons, and the applicant consented. The hearing date was adjourned and the hearing was rescheduled.

3The Tribunal sent the applicant a Confirmation of Rescheduled Hearing notice by regular mail on October 26, 2010. The Notice informed all parties that the Tribunal had scheduled a hearing of the Application on January 19, 2011, at the Tribunal’s hearing centre in Toronto, commencing at 9:30 a.m. The Notice was not returned as undeliverable.

4The applicant was not present at the commencement of the hearing on January 19, 2011. In accordance with its usual practice, the Tribunal waited until 10:00 am before proceeding. At 10:00 a.m., the applicant was still not in attendance at the hearing. The respondent submitted that the Application should be dismissed, based on both the applicant’s non-attendance at the hearing and the respondent’s Request.

DECISION

5Rule 3.13 of the Tribunal’s Rules of Procedure states:

Where a party has been notified of a hearing and fails to attend, the Tribunal may:

a) proceed in the party’s absence;

b) determine that the party is not entitled to further notice of the proceedings;

c) determine that the party is not entitled to present evidence or make submissions to the Tribunal;

d) decide the Application based solely on the materials before it;

e) take any other action it considers appropriate

6The applicant commenced legal proceedings when he filed his Application with the Tribunal. It is the applicant’s responsibility to participate in these proceedings by taking the necessary steps to pursue it, including attending the hearing scheduled to consider the allegations in the Application. The applicant has not done so and I am satisfied that he had notice of the hearing.

7In view of the applicant’s non-attendance at the hearing, the Application is dismissed as abandoned.