Keyvan Nourhaghighi v. Harris Management Corporation, 2011 HRTO 2090

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Keyvan Nourhaghighi

Applicant

-and-

Harris Management Corporation

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: November 18, 2011

Citation: 2011 HRTO 2090

Indexed as: Nourhaghighi v. Harris Management Corporation

APPEARANCES

Keyvan Nourhaghighi, Applicant ) No one appearing

Harris Management Corporation, ) Bora Nam, Counsel

Respondent )

1The applicant filed an Application on October 26, 2010, under section 34 of Part IV 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 December 21, 2010, and the applicant filed a Reply on January 4, 2011.

2In a Case Assessment Direction, dated June 2, 2011, the Tribunal directed that a summary hearing be held to determine whether this Application should be dismissed on the basis that there is no reasonable prospect that it will succeed, and that a half-day summary hearing by teleconference be scheduled.

3On September 27, 2011, the Tribunal issued a Notice of Summary Hearing to the parties, confirming that a hearing would take place on November 16, 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 at 1:30 p.m. on November 16, 2011. 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.