HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Tosh Surh Applicant
-and-
City of Toronto Respondent
DECISION
Adjudicator: Brian Eyolfson Date: February 17, 2012 Citation: 2012 HRTO 348 Indexed as: Surh v. Toronto (City)
1The applicant filed an Application on May 11 2011, pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2In a Case Assessment Direction, dated July 8, 2011, the Tribunal directed that a summary hearing by conference call be held to determine whether the Application should be dismissed on the basis that there is no reasonable prospect that it will succeed. On October 24, 2011, the Tribunal issued a Notice of Summary Hearing to the parties, indicating that a conference call hearing was scheduled for December 12, 2011.
3At the conference call hearing on December 12, 2011, the applicant indicated that he did not receive a copy of the Case Assessment Direction dated July 8, 2011. The respondent consented to the matter being adjourned and rescheduled so that the applicant could be provided with a copy of the Case Assessment Direction. In the circumstances, the matter was adjourned and the Tribunal re-sent the July 8, 2011 Case Assessment Direction and other documents to the applicant. On December 28, 2011, the Tribunal also issued a Notice of Rescheduled Summary Hearing to the parties, indicating that a conference call hearing was scheduled for February 17, 2011, at 9:30 a.m. The Notice provided the parties with the necessary information to connect 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.
4The applicant subsequently filed a Request for an Order During Proceedings ("Request"), dated January 19, 2012, seeking deferral and an extension of time, requests for production and particulars, and other requests. The applicant confirmed that the Request was delivered to the respondent on February 2, 2012.
5In a Case Assessment Direction dated February 15, 2012, the Tribunal directed that the applicant's Request would also be addressed at the summary hearing on February 17, 2012.
6On February 16, 2012, the applicant delivered and filed a second Request, seeking to amend the Application, in addition to requests for deferral and an extension of time, requests for production and particulars, and other requests.
7The applicant was not in attendance at the commencement of the scheduled conference call hearing on February 17, 2012. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.
8At 10:00 a.m. the applicant was not in attendance, nor had the applicant otherwise communicated with the Tribunal to explain the failure to attend.
9In the circumstances, I was satisfied that the applicant had notice of the hearing. The Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 17th day of February, 2012.
"signed by"______________
Brian Eyolfson Vice-chair