Human Rights Tribunal of Ontario
B E T W E E N:
Oneil Britton Applicant
-and-
Ford Motor Company of Canada, Limited Respondent
DECISION
Adjudicator: Kathleen Martin Date: June 12, 2012 Citation: 2012 HRTO 1151 Indexed as: Britton v. Ford Motor Company of Canada
APPEARANCES
Oneil Britton, Applicant No one appearing
Ford Motor Company of Canada, Limited, Respondent Holly Reid, Counsel
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on May 3, 2011.
2On March 20, 2012, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a conference call hearing of the Application would take place on June 12, 2012 commencing at 9:30 a.m. Call-in details were provided on the Notice. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.
3I am satisfied that the applicant had notice of the summary hearing.
4The applicant was not in attendance at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.
5At 10:00 a.m., the applicant was not in attendance, nor had the applicant communicated with the Tribunal to explain the failure to attend.
6The respondent requested that the Tribunal determine the summary hearing on the materials before it and dismiss the Application. The applicant’s union was in attendance but made no submissions on the request to dismiss.
7Having regard to the circumstances, I do not find it necessary to determine whether the Application has no reasonable prospect of success. The Application is dismissed on the basis that the applicant is deemed to have abandoned the Application.
Dated at Toronto, this 12th day of June, 2012.
“Signed by”
_______________________________
Kathleen Martin Vice-chair