Basic v. Best Buy Canada Ltd., 2012 HRTO 1022

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Zvonimir Basic

Applicant

-and-

Best Buy Canada Ltd. and Alexander Crawford

Respondents

DECISION

Adjudicator: Ken Bhattacharjee

Decision Date: May 22, 2012

Citation: 2012 HRTO 1022

Indexed as: Basic v. Best Buy Canada Ltd.

APPEARANCES

Zvonimir Basic, Applicant

No one appearing

Best Buy Canada Ltd. and Alexander Crawford, Respondents

Lindsey LeClair, Counsel

1On December 28, 2011, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2On January 30, 2012, the Tribunal issued a Case Assessment Direction which informed the parties that the Tribunal would be scheduling a half-day summary hearing by conference call.

3On February 17, 2012, the Tribunal issued a Notice of Summary Hearing to the parties which informed them that the hearing was scheduled for May 18, 2012 from 9:30 AM to 12:30 PM. The Notice directed the parties to call a phone number and enter a conference identification number, both of which were provided in the Notice. The Notice also warned the parties that if they failed to attend the hearing, the Tribunal may take a number of steps, including dismissing the Application as abandoned if the applicant failed to attend, or take any other action that the Tribunal considered appropriate.

4The respondents called into the conference call on the date and time that was set out in the Notice, but the applicant did not. The Tribunal’s standard practice where a party does not attend is to confirm in the Tribunal’s file that the Hearing Notice was sent to the missing party at the address provided, and wait half an hour. If the party is still not present, the Tribunal proceeds in the party’s absence without further notice to that party. Where the applicant is not present, this will generally lead to the dismissal of the Application. See Edward v. Moda at Home, 2009 HRTO 568 at para. 2.

5I confirmed in the Tribunal’s file that the Notice of Summary Hearing was sent to the applicant at the address that he provided to the Tribunal, and when he had not called in by 10:00 AM, I dismissed the Application as abandoned.

6The Application is dismissed.