HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Eric Dube
Applicant
-and-
Xstrata Copper Canada, a division of Xstrata Canada Corporation
Respondent
DECISION
Adjudicator: Kathleen Martin
Indexed as: Dube v. Xstrata Copper Canada
APPEARANCES
Eric Dube, Applicant
No one appearing
Xstrata Copper Canada, a division of Xstrata Canada Corporation, Respondent
Matthew Payten, 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 December 21, 2011.
2On April 25, 2012, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a hearing of the Application would take place on July 20, 2012 commencing at 9:30 a.m. by conference call and provided instructions regarding connecting to the conference call. 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 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.
6In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 20^th^ day of July, 2012.
“signed by”
Kathleen Martin
Vice-chair