HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Raymond Kim
Applicant
-and-
On the Mark.It Physiotherapy & Sports Injury Clinic
Respondent
decision
Adjudicator: Keith Brennenstuhl
Indexed as: Kim v. On the Mark.It Physiotherapy & Sports Injury Clinic
APPEARANCES
Raymond Kim, Applicant ) No one appearing
On the Mark.It Physiotherapy & ) Sports Injury Clinic, Respondent ) Leigh Davis, Representative )
1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2Pursuant to a Case Assessment Direction dated July 4, 2011, the Tribunal directed that a summary hearing be convened pursuant to Rule 19A of the Tribunal’s Rules of Procedure to determine whether the Application should be dismissed, in whole or in part, on the basis that there was no reasonable prospect that the Application or part of the Application would succeed. In its Case Assessment Direction, the Tribunal directed that the summary hearing would proceed by way of teleconference and advised the parties that a Notice of Summary Hearing would be sent to them by the Registrar’s office.
3The Notice of Summary Hearing was sent to the parties on October 20, 2011, advising that the summary hearing would commence at 9:30 a.m. on December 5, 2011. The Notice of Summary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was mailed to the applicant at the address provided by him to the Tribunal.
4The Summary Hearing was convened by teleconference on December 5, 2011 at the scheduled time. The respondent’s representative was present at the summary hearing. The applicant did not attend the hearing.
4I advised those present on the call that the hearing would commence at 10:00 a.m. or whenever the applicant attended on the call, whichever occurred first. At 10:00 a.m. the applicant was still not present.
5I was satisfied at the hearing that the applicant had received notice of the summary hearing. There was no indication that the applicant would not be attending the hearing. In the absence of the applicant or any explanation for his failure to attend the hearing, I dismissed the Application as abandoned.
ORDER
6The Application is dismissed.
Dated at Toronto, this 7th day of December, 2011.
"signed by"________________
Keith Brennenstuhl
Vice-chair