Ruffolo v. Evolve Assessments and Diagnostics Inc., 2011 HRTO 1696

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Achille John Ruffolo

Applicant

-and-

Evolve Assessments and Diagnostics Inc.

Respondent

DECISION

Adjudicator: Sherry Liang

Date: September 14, 2011

Citation: 2011 HRTO 1696

Indexed as: Ruffolo v. Evolve Assessments and Diagnostics Inc.

APPEARANCES

Achille John Ruffolo, Applicant ) No one appearing

Evolve Assessments and ) Gregory Robson, Counsel

Diagnostics Inc., Respondent )

1This is an Application filed on July 23, 2010, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Tribunal scheduled a summary hearing by conference call in this matter for June 15, 2011. The summary hearing was then scheduled to continue on September 9, 2011. For reasons explained in a Case Assessment Direction (“CAD”) dated September 9, 2011, I re-scheduled the summary hearing for today, September 14, 2011. I indicated in the CAD that this date was peremptory on the applicant which, in this case, meant that if he did not participate in the conference call, or provide medical evidence in advance of today’s date establishing his inability to participate, I would either proceed to hear the submissions of the respondent and determine the issues before me, or decide that his non-attendance amounts to an abandonment of the Application.

3The applicant did not appear on the conference call and the Tribunal has received no correspondence from him following my CAD. I am satisfied that the applicant had notice of the conference call.

4The respondent was present on the conference call. In the circumstances, the respondent submitted that the applicant should be deemed to have abandoned this Application and it should be dismissed.

5I gave an oral ruling at the summary hearing in which I accepted the respondent’s position, deemed the applicant to have abandoned this Application and dismissed it accordingly.

ORDER

6The Application is dismissed.