Roger Heron v. Ontario Disability Support Program, 2011 HRTO 477

Human Rights Tribunal of Ontario

B E T W E E N:

Roger Heron Applicant

-and-

Ontario Disability Support Program Respondent

DECISION

Adjudicator: Eric Whist Date: March 7, 2011 Citation: 2011 HRTO 477 Indexed as: Heron v. Ontario Disability Support Program

APPEARANCES

Roger Heron, Applicant ) Did not Appear Ontario Disability Support Program, ) Cheryl Ellison, Counsel Respondent ) Ministry of the Attorney General, ) Sophie Nunnelley, Counsel Constitutional Law Office )

1This Application, filed under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleged discrimination with respect to services on the basis of race, creed and disability.

2On October 4, 2010 the Tribunal issued a Case Assessment Direction ("CAD") determining that the most appropriate procedure, given the issues raised in the Application, would be to hold a Summary Hearing by teleconference to consider the Application. The CAD stated that the applicant would be expected to explain how he could prove, on a balance of probabilities, that he experienced discrimination on the basis of race, creed and/or disability and the evidence he would use to establish that

3The Summary Hearing process is described in Rule 19A of the Tribunal's Rules of Procedure. The issue in a Summary Hearing is whether an application has a reasonable prospect of success.

4The applicant was served notice of the March 7, 2011 hearing at the same address as appears on his Application. I am satisfied that he has been served notice of his hearing.

5The Summary Hearing was scheduled for 9:30 a.m., March 7, 2011. The respondent appeared by teleconference along with a representative of the Ministry of the Attorney General. The applicant failed to appear by 10:00 a.m. The respondent made submissions asking that the Application be dismissed on the merits of the case and on the basis that the applicant had failed to appear.

6I decline to dismiss on the merits. The Application is dismissed as abandoned on the basis that the applicant failed to appear at the hearing.