Kendrick Kim v. Global Payments of Canada GP, 2011 HRTO 1716

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kendrick Kim Applicant

-and-

Global Payments of Canada GP, Drake International Inc. and Persila Vachon Respondents

Decision

Adjudicator: David Muir Date: September 19, 2011 Citation: 2011 HRTO 1716 Indexed as: Kim v. Global Payments of Canada GP

Appearances

Kendrick Kim. Applicant, ) No one appearing

Global Payments of Canada GP ) Jason Behoe and and Persila Vachon, Respondents ) Karoline Chan, Counsel

Drake International Inc., Respondent ) Karen Bock and ) Elizabeth Swan, Counsel

1This is an Application made under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), dated December 15, 2009.

2Pursuant to a Case Assessment Direction dated September 1, 2011, I directed that the hearing scheduled to begin September 19, 2011 would instead proceed as a summary hearing by way of teleconference. I made this direction 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 would succeed.

3A Notice of Summary Hearing was sent to the parties on September 8, 2011, advising that the summary hearing would commence at 9:30 a.m. on September 19, 2011. The Notice of Summary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was sent to the applicant at the address provided by him to the Tribunal. It was not returned.

4The summary hearing was convened by teleconference on September 19, 2011 at the scheduled time. The respondents were present at the summary hearing. The applicant did not attend the hearing.

5I advised those present on the call that the hearing would resume at 10:00 a.m. or whenever the applicant attended on the call, whichever occurred first. At 10:00 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.