Mark Babcook v. Union Gas Limited and Carol Gosselin, 2012 HRTO 1800

Human Rights Tribunal of Ontario

BETWEEN:

Mark Babcook Applicant

-and-

Union Gas Limited and Carol Gosselin Respondents

DECISION

Adjudicator: David Muir Date: September 20, 2012 Citation: 2012 HRTO 1800 Indexed as: Babcook v. Union Gas Limited

Appearances

Mark Babcook, Applicant No one appearing

Union Gas Limited and Carol Gosselin, Respondents Peter Thorup, Counsel

Decision

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 employment because of sex.

2In a Case Assessment Direction dated March 19, 2012 the Tribunal on its own initiative directed that a summary hearing be held to hear the parties' submissions on whether or not this Application should be dismissed because it has no reasonable prospect of success.

3A Notice of Summary Hearing was sent to the parties on May 12, 2012 confirming Monday September 17, 2012 as the date of the summary hearing by telephone conference call. The Notice of Summary Hearing was not returned to the Tribunal. I am satisfied that the applicant received Notice of the Summary Hearing.

4At the time set for the summary hearing on September 17, 2012 the respondents attended on the telephone conference call but the applicant did not. In accordance with the Tribunal's usual practice the hearing was adjourned for 30 minutes or until the applicant attended.

5At 10:00 a.m. the applicant had still not attended the hearing nor had the applicant communicated with the Tribunal to explain the failure to attend.

6The Application was dismissed as abandoned at the hearing.