Joseph DeFreitas v. Casey's Grill & Bar, 2011 HRTO 2142

Human Rights Tribunal of Ontario

B E T W E E N:

Joseph DeFreitas Applicant

-and-

Casey’s Grill & Bar Respondent

DECISION

Adjudicator: Alan G. Smith Date: November 29, 2011 Citation: 2011 HRTO 2142 Indexed as: DeFreitas v. Casey’s Grill & Bar

BACKGROUND

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 January 14, 2011.

2A Case Assessment Direction directing a Summary Hearing pursuant to Tribunal Rule 19A was sent to the parties on May 16, 2011. The purpose of the summary hearing was to provide an opportunity for the applicant to clarify his allegations and show how they relate to an alleged violation of the Code.

3A Notice of Confirmation of summary hearing by conference call was sent via Canada Post to the parties by the Tribunal Registrar on October 17, 2011.

4The applicant failed to call in at 1:30 p.m. on November 15, 2011, the date and time scheduled for hearing the Application. I concluded the conference call with the respondent at 1:45 p.m. with the applicant failing to connect to the call.

5The applicant has not contacted the Tribunal.

ANALYSIS

6Tribunal Rule 3.13 e) states, “Where a party has been notified of a hearing and fails to attend the Tribunal may:…e) take any action it considers appropriate.

7A Tribunal application is a legal proceeding commenced by the applicant. It is the applicant’s responsibility to participate in the summary hearing and clarify his allegations and show how they relate to an alleged violation of the Code, as directed by the Tribunal in the Case Assessment Direction. In the absence of such clarification, the Tribunal is unable to proceed with the Application and there is no onus or responsibility on the respondent to respond to allegations where the applicant has failed to participate in the summary hearing and no clarification has been provided by the applicant regarding his allegations.

8In the absence of any correspondence or communication from the applicant to explain his failure to participate in the summary hearing and as a result of his failure to participate in the conference call and provide any clarification of his allegations as directed, I deem the Application abandoned.

ORDER

9The Application is dismissed.