Watson v. Ontario (Community Safety and Correctional Services), 2011 HRTO 1988

Human Rights Tribunal of Ontario

Between:

Ian Watson Applicant

-and-

Her Majesty the Queen in Right of Ontario, as represented by the Ministry of Community Safety and Correctional Services (Toronto East Detention Centre) Respondents

Decision

Adjudicator: Maureen Doyle Date: November 3, 2011 Citation: 2011 HRTO 1988 Indexed as: Watson v. Ontario (Community Safety and Correctional Services)

Appearances By:

Ian Watson, Applicant: No one appearing Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services (Toronto East Detention Centre), Respondent: Marnie Bacher, counsel

Decision

1This is an Application filed April 29, 2010, made under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2In a May 16, 2011 Case Assessment Direction ("CAD"), the Tribunal directed that a Summary Hearing would be held by teleconference and that if the Tribunal determined at that time that the Application had no reasonable prospect of success, it would dismiss the Application.

3On September 15, 2011, the Tribunal sent a Notice of Summary Hearing to the parties advising that a hearing by teleconference was scheduled as per the CAD dated May 16, 2011. The September 15, 2011 Notice of Summary Hearing advised the parties that the hearing by teleconference would commence at 1:30 p.m. on November 2, 2011, and it provided the call-in information needed by the parties to participate in the call. The Notice also indicated the consequences of failing to attend the hearing as follows:

If you fail to attend the hearing after receiving proper notice the HRTO may:

• proceed in your absence;
• determine you are not entitled to further notice of the proceedings;
• determine you are not entitled to present evidence or make submissions to the HRTO;
• decide the Application based solely on the materials before the HRTO;
• dismiss the Application as abandoned if the Applicant fails to attend, and;
• take any other action the HRTO considers appropriate

4The September 15, 2011 Notice of Summary Hearing was not returned to the Tribunal as undeliverable. I am satisfied that the Applicant had notice of the hearing.

5On November 2, 2011, the applicant did not call in and was therefore not present at the hearing. Counsel for the respondent attended on the call. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. At that time, the hearing was terminated.

6In view of the applicant's non-attendance, the Application is hereby dismissed as abandoned.