Henry Freitag v. The Corporation of the City of Barrie, 2011 HRTO 1757

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Henry Freitag

Applicant

-and-

The Corporation of the City of Barrie

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: September 22, 2011

Citation: 2011 HRTO 1757

Indexed as: Freitag v. Barrie (City)

1The applicant filed an Application for Contravention of Settlement (“Application”), on March 4, 2010, pursuant to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The respondent filed a Response to the Application on March 18, 2010.

2In a Case Assessment Direction, dated March 23, 2011, the Tribunal indicated that this matter would be scheduled for a two-hour hearing by conference call.

3On July 6, 2011, the Tribunal issued a Notice of Confirmation of Hearing to the parties, confirming that hearing of the Application would take place on September 20, 2011, commencing at 1:30 p.m., by conference call. The Notice provided the parties with the necessary information to connect to the conference call. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.

4In the circumstances, I am satisfied that the applicant had notice of the hearing.

5The applicant was not in attendance at the commencement of the scheduled conference call hearing. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding.

6At 2:00 p.m. the applicant was not in attendance, nor had the applicant otherwise communicated with the Tribunal to explain the failure to attend.

7In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.