Ruffolo v. Rosenthal, 2011 HRTO 1882

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Achille Ruffolo

Applicant

-and-

Barry Rosenthal, Carla Smith, Elvira De La Garza, Denise Beckles, Nicole Meaney and Judy Venables

Respondents

AND B E T W E E N:

Achille Ruffolo

Applicant

-and-

Belair Insurance Company Inc. and Barry Rosenthal

Respondents

AND B E T W E E N:

Achille Ruffolo

Applicant

-and-

Belair Insurance Company Inc. and Barry Rosenthal

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: October 18, 2011

Citation: 2011 HRTO 1882

Indexed as: Ruffolo v. Rosenthal

APPEARANCES:

Achille John Ruffolo, Applicant ) No one appearing

Belair Insurance Company Inc. )

Barry Rosenthal, Carla Smith, ) Gina Saccaccio Brannan, Q.C.,

Elvira De La Garza, Denise Beckles, ) Counsel

Nicole Meaney and Judy Venables, )

Respondents )

1In these three Applications, the parties agreed to have the summary hearings proceed together on October 18, 2011. The parties also agreed to have the hearing in person, in Toronto. The Tribunal confirmed the hearing date in a Case Assessment Direction dated July 14, 2011 sent to the parties, as well as providing other directions in connection with the hearing. A Notice of Hearing was also sent to the parties on September 29, 2011, confirming the time, date and place of the hearing.

2On the morning of the hearing, at 7:34 a.m., the applicant sent email correspondence to the Tribunal, copied to counsel for the respondents, the entire text of which reads:

I am not able to attend this mornings hearing due to a migraine.

3At the time scheduled for the hearing, the applicant did not appear. Counsel for the respondents was present, and made submissions about how the Tribunal should proceed with these Applications.

4Having heard those submissions and considered the material before me, I direct as follows:

• These Applications will be adjourned pending the filing of a Request for an Order During Proceedings by the respondents requesting that the Applications be dismissed as an abuse of process and the applicant be declared a vexatious litigant before the Tribunal;

• The Request shall be filed on or before January 31, 2012;

• The Tribunal will determine how to proceed with these Applications following receipt of the Request and Response to the Request, if any.