McDonough v. Brown, 2011 HRTO 2131

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alexander McDonough

Applicant

-and-

Wanda Brown

Respondent

DECISION

Adjudicator: Catherine Bickley

Date: November 29, 2011

Citation: 2011 HRTO 2131

Indexed as: McDonough v. Brown

APPEARANCES

Alexander McDonough ) No one appearing.

Wanda Brown ) Marc Ducharme, Student at law

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 May 24, 2010.

2On June 13, 2011, the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that hearing of the Application would take place on November 22 and 23, 2011, commencing at 10:00 a.m. at Clarion Resort Pinewood Park, 201 Pinewood Drive, North Bay, Ontario.

3On November 8, 2011, the applicant requested an adjournment of the scheduled hearing dates. On November 15, 2011, the Tribunal advised the parties by phone that the adjournment request was denied and that reasons would be provided to the parties the next day. On November 16, 2011, an interim decision denying the adjournment was issued: McDonough v. Brown, 2011 HRTO 2078. That interim decision was sent to the applicant by courier and email and was not returned as undeliverable.

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

5The applicant was not in attendance at the commencement of the scheduled hearing. The respondent and her counsel were present. In accordance with its usual practice, the Tribunal waited until 10:30 a.m. before proceeding.

6At 10:30 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain his failure to attend.

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