Corbiere v. Matheson, 2011 HRTO 1966

Human Rights Tribunal of Ontario

B E T W E E N:

Kenneth Corbiere

Applicant

-and-

Douglas Matheson

Respondent

DECISION

Adjudicator: Kathleen Martin

Date: October 31, 2011

Citation: 2011 HRTO 1966

Indexed as: Corbiere v. Matheson

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on November 4, 2009.

2On June 8, 2009, the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that the hearing of the Application would take place on October 31 and November 1, 2011, commencing at 9:30 a.m. at the Tribunal’s hearing centre at 655 Bay St., 14^th Floor, Toronto, Ontario. The Notice was delivered to the applicant at the email address provided by the applicant to the Tribunal and was not returned as undeliverable.

3I am satisfied that the applicant had notice of the hearing.

4The applicant was not in attendance at the commencement of the scheduled hearing. The Tribunal’s usual practice is to wait 30 minutes. The Tribunal waited approximately 40 minutes before proceeding.

5The applicant was not in attendance nor had the applicant communicated with the Registrar of the Tribunal to explain the failure to attend.

6In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.