James Cord v. Heat & Frost Insulators L.U. 95 and Dave Gardner, 2012 HRTO 1409

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

James Cord

Applicant

-and-

Heat & Frost Insulators L.U. 95 and Dave Gardner

Respondents

DECISION

Adjudicator: Keith Brennenstuhl Decision Date: July 18, 2012 Citation: 2012 HRTO 1409 Indexed as: Cord v. Heat & Frost Insulators L.U.95

APPEARANCES

James Cord, Applicant

No one appearing

Heat & Frost Insulators L.U. 95 and Dave Gardner, Respondents

No one appearing

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

2Pursuant to a Case Assessment Direction dated April 20, 2012, the Tribunal directed that a summary hearing be convened pursuant to Rule 19A of the Tribunal’s Rules of procedure to determine whether the Application should be dismissed 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.

3The Notice of Summary Hearing was sent to the parties on April 24, 2012, advising that the summary hearing would commence at 9:30 p.m. on July 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 and the respondents at the addresses provided by them to the Tribunal.

4The summary hearing was convened by teleconference on July 18, 2012 at the scheduled time. Neither the applicant nor the respondents were present at the summary hearing.

5I remained on the teleconference call until 10:00 p.m. At 10:00 p.m. the applicant and the respondents were still not present.

6I was satisfied at the hearing that the applicant and respondents had received notice of the summary hearing. There was no indication that the applicant or the respondents would not be attending the hearing. In the absence of the applicant or any explanation for his failure to attend the hearing and in the absence of the respondents, I dismissed the Application as abandoned.

order

7The Application is dismissed.