Zeljko Lazarevic v. York University, 2011 HRTO 486

Human Rights Tribunal of Ontario

B E T W E E N:

Zeljko Lazarevic Applicant

-and-

York University Respondent

DECISION

Adjudicator: Naomi Overend Date: March 9, 2011 Citation: 2011 HRTO 486 Indexed as: Lazarevic v. York University

APPEARANCES

Zeljko Lazarevic, Applicant ) Did not appear York University, Respondent ) Joanna Rainbow, Counsel

1The applicant filed this Application on January 31, 2010, alleging discrimination in the provision of services on the basis of age, contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). Specifically, the Application alleges that the student Code of Conduct discriminates on the basis of age because it does not apply to professors.

2By Case Assessment Direction dated July 23, 2010, this Application was set down for a Summary Hearing by teleconference on this issue of whether it has a reasonable prospect of success. The matter was initially scheduled for December 20, 2010, but the applicant requested an adjournment of that date given his exam schedule, and a new date was set for March 3, 2011, after canvassing available dates with the parties. The parties were advised of this date by Notice of Conference Call dated February 15, 2011.

3The conference call was held on March 3, 2011. The respondent was represented by counsel. The applicant did not attend the conference call. After allowing the applicant an additional 15 minutes to join the conference call, the Summary Hearing adjourned.

4There is no indication that the Notice of Conference Call was returned as undeliverable or that the applicant did not receive it. I am satisfied that the applicant received timely and proper notice of the conference call.

5In the absence of the applicant and in the absence of any explanation for his failure to attend as required, I find that the Application is abandoned and it is dismissed on that basis.