Broughton v. Tutti Frutti, 2011 HRTO 2210

Human Rights Tribunal of Ontario

Between:

Christopher Broughton Applicant

-and-

Tutti Frutti and Tom Osmond Respondents

Decision

Adjudicator: Ian R. Mackenzie Date: December 7, 2011 Citation: 2011 HRTO 2210 Indexed As: Broughton v. Tutti Frutti

1Christopher Broughton filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination in employment on the basis of sex and on sexual solicitation or advances. This Decision addresses the failure of the applicant to indicate to the Tribunal that he will attend the hearing scheduled for December 8, 2011.

2The applicant advised the Tribunal on December 2, 2011, that he was not available to attend the hearing scheduled for the following week. He requested an adjournment. I denied the request for an adjournment (2011 HRTO 2195). I also ordered that the applicant advise the Tribunal by 12:30 p.m. on December 7, 2011, if he intended to attend the hearing. The Interim Decision stated that if he did not inform the Tribunal of his intention to attend the hearing by that time, the Application would be dismissed as abandoned.

3Instead of complying with the Tribunal’s direction to confirm his intentions with respect to attendance at the scheduled hearing, the applicant left a voicemail at the Tribunal and, once again, stated that he needed an adjournment. A tribunal staff member attempted to contact the applicant by telephone in response to his voicemail message, but was unable to reach him in person. By reiterating a further request for an adjournment, the applicant has once again failed to comply with the express direction or order of the Tribunal to confirm whether he will attend the scheduled hearing. In addition, the applicant has not met any of the disclosure requirements for the proceeding as set out in the Rules of the Tribunal. He was reminded of those obligations and more importantly directed or ordered to comply with those obligations in two Case Assessment Directions. By these actions, the applicant has shown that he is not willing to participate in the proceedings. Should this matter proceed as scheduled, it appears that the Applicant will not attend and the respondents will likely be put to considerable unrecoverable costs, which I find would be unfair in light of all I have set out above. Accordingly, I find that the applicant is deemed to have abandoned his Application.

4The Tribunal orders the following:

• The Application is dismissed.