HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Aaron Gawdi
Applicant
-and-
Sheraton Gateway Hotel, United Steelworkers and Andrew Simmers
Respondents
DECISION
Adjudicator: Brian Cook
Indexed as: Gawdi v. Sheraton Gateway Hotel
APPEARANCES
Aaron Gawdi, Applicant
No one appearing
Sheraton Gateway Hotel and Andrew Simmers, Respondents
Donna D’Andrea, Counsel
United Steelworkers, Respondent
Shaheen Hirani, 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 November 22, 2011.
2On April 12, 2012, the Tribunal issued a Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on June 11, 2012 by telephone conference call commencing at 1:30 pm.
3The respondents participated in the conference call. By 2:00 neither the applicant nor his representative had appeared.
4The Notice of Summary Hearing was delivered to the applicant’s representative, J. Wayne Pitterson at the address provided by the applicant to the Tribunal. The Application identified Mr. Pitterson as the applicant’s representative and also the alternate contact person indicating that the applicant wanted the Tribunal to contact him through Mr. Pitterson rather than directly. The Tribunal has not received any communication from either Mr. Pitterson or the applicant to suggest that Mr. Pitterson is no longer representing the applicant or that the applicant no longer wished to use Mr. Pitterson as an alternate contact.
5The Tribunal’s Notice of Summary Hearing was not returned as undeliverable. The respondents confirmed that they had each sent correspondence to the Tribunal that was also sent to Mr. Pitterson by courier and that this correspondence was also not returned.
6I am satisfied that the applicant had notice of the hearing.
7In the circumstances, the Application is dismissed on the basis that the applicant is deemed to have abandoned the Application.
Dated at Toronto, this 14th day of June, 2012.
“signed by”
Brian Cook
Vice-chair