Pompeo v. Ontario (Attorney General), 2012 HRTO 1104

Human Rights Tribunal of Ontario

B E T W E E N:

Guido Pompeo Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General (Public Guardian and Trustee), David Kantor, Chief of Police, Toronto Police Service, Salvation Army, St. Simon’s Shelter, Dixon Hall, and ARCH Legal Clinic Respondents

DECISION

Adjudicator: Leslie Reaume Date: June 5, 2012 Citation: 2012 HRTO 1104 Indexed as: Pompeo v. Ontario (Attorney General)

APPEARANCES

Guido Pompeo, Applicant ) No one appearing Public Guardian and Trustee, Respondent ) Judie Im, Counsel ARCH Legal Clinic, Respondent ) Tess Sheldon, Counsel Chief of Police and Toronto Police Service, Respondents ) Ansuya Pachai, Counsel Salvation Army, Respondent ) Christine LeBlanc, Counsel David Kantor, Respondent ) No one appearing St. Simon’s Shelter, Respondent ) No one appearing Dixon Hall, Respondent ) No one appearing

INTRODUCTION

1This is an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2By Case Assessment Direction dated December 28, 2011, the Tribunal, on its own initiative, directed that the matter be scheduled for a Summary Hearing 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. The Notice of Summary Hearing was sent to the parties on January 23, 2012, advising that the summary hearing would commence at 9:30 a.m. on April 18, 2012. 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.

3The Summary Hearing was convened by teleconference on April 18, 2012 at the scheduled time. Counsel for the respondents were present at the summary hearing. The applicant did not attend the hearing.

4I advised those present on the call that the applicant would have 30 minutes to join the call and that the hearing would commence at 10:00 a.m. At 10:00 a.m. the applicant was still not present.

5I was satisfied at the hearing that the applicant’s representative 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.