Wayne Chorney v. Northgate Square, 2012 HRTO 1743

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wayne Chorney

Applicant

-and-

Northgate Square

Respondent

DECISION

Adjudicator: Eric Whist

Date: September 14, 2012

Citation: 2012 HRTO 1743

Indexed as: Chorney v. Northgate Square

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”), alleging discrimination with respect to services because of age, disability and reprisal.

2On June 18, 2012 the Tribunal issued a Notice of Summary Hearing (“the Notice”) to the parties. . The Notice advises the parties that a summary hearing would commence at 9:30 am on September 12, 2012 by teleconference.

3The Notice was sent by mail to the applicant at the address that the applicant provided with his Application.

4The applicant did not telephone at 9:30 a.m. on September 12, 2012 for the commencement of his hearing. At 9:45 am the applicant had still not telephoned.

5I am satisfied that the applicant received timely and proper notice of the hearing. In view of the applicant’s non-attendance at the hearing, the Application is dismissed as abandoned.

6It is noted that the respondent also failed to appear for the summary hearing. However, the critical fact is that the applicant failed to appear at the hearing after having been duly served notice and it is on this basis that I have determined that the applicant has abandoned his Application.