T.A. v. Grace MacInnis Cooperative Inc., 2012 HRTO 2220

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

T.A.

Applicant

-and-

Grace MacInnis Cooperative Inc.

Respondent

DECISION

Adjudicator: Kathleen Martin

Date: November 28, 2012

Citation: 2012 HRTO 2220

Indexed as: T.A. v. Grace MacInnis Cooperative Inc.

APPEARANCES

T.A., Applicant

No one appearing

Grace MacInnis Cooperative, Respondent

Luke Saites, 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 October 6, 2009. By Interim Decision dated June 7, 2012, the Tribunal dismissed part of the Application on the grounds of ethnic origin, creed, sex (pregnancy) and reprisal and directed that a two-hour conference call be scheduled for the purpose of hearing submissions on whether the remaining allegations in the Application should be dismissed on the basis of section 45.1 and /or section 34(11) (2012 HRTO 1123).

2On September 7, 2012, the Tribunal issued a Notice of Section 45.1 – Opportunity to Provide Oral Submissions to the parties confirming that a hearing would be scheduled. This Notice was delivered to the applicant by mail at the then last address provided by the applicant to the Tribunal.

3On September 14, 2012, the Tribunal emailed the parties stating that the respondent had correctly noted that the Tribunal’s letter of September 7, 2012 provided information contrary to the Tribunal’s Interim Decision and that an amended Confirmation of Preliminary Hearing notice would follow forthwith. This email was sent to the applicant’s email address on file.

4On September 17, 2012, an Amended Notice of Preliminary Hearing Conference Call was issued to the parties by regular mail scheduling the hearing for November 28, 2012 at 9:30 a.m. and providing call-in details.

5The mailing sent to the applicant on September 7, 2012, was returned as undeliverable (moved/unknown). As a result on September 21, 2012, staff of the Tribunal emailed the applicant requesting that the applicant confirm his current mailing address with the Tribunal and the parties. The Tribunal also attached a copy of the Amended Notice of Confirmation of Hearing issued September 17, 2012.

6On September 21, 2012, the applicant responded by email providing a new municipal address.

7On October 3, 2012, the Tribunal issued “Changes to the dialing information for the Preliminary hearing of November 28, 2012”. This Notice confirmed that the hearing would be held on November 28, 2012 at 9:30 a.m. and provided details on how the parties must connect to the conference call. The Notice was delivered to the applicant by mail at his new municipal address and by email at his email address on file. Neither the mailing nor email has been returned as undeliverable.

8I am satisfied that the applicant had notice of the hearing.

9The 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.

10At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

11In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.