Eric Dube v. Xstrata Copper Canada, 2012 HRTO 1424

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

Date: July 20, 2012

Citation: 2012 HRTO 1424

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.