Eric Brazau v. Extreme Fitness, 2012 HRTO 2259

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Eric Brazau Applicant

-and-

Extreme Fitness Respondent

DECISION

Adjudicator: Naomi Overend Date: December 3, 2012 Citation: 2012 HRTO 2259 Indexed as: Brazau v. Extreme Fitness

APPEARANCES

Eric Brazau, Applicant No one appearing

Extreme Fitness, Respondent Paula Dow, Self-represented

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 July 17, 2012. The Tribunal issued a Case Assessment Direction on August 2, 2012 indicating that it would hold a summary hearing by teleconference to determine whether all or part of the Application should be dismissed as having no reasonable prospect of success.

2On August 14, 2012, the Tribunal issued a Notice of Summary Hearing to the parties confirming that the summary hearing of the Application would take place by teleconference on November 27, 2012 commencing at 9:30 a.m. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.

3More recently, in response to a request from the respondent for a copy of the Case Assessment Direction, the Tribunal emailed the parties with this information. I am satisfied that the applicant had notice of the summary hearing.

4The applicant did not join the teleconference at the commencement of the scheduled summary 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.