Da Costa v. Vancelatchford Place, 2012 HRTO 410

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Richard Da Costa

Applicant

-and-

Vancelatchford Place and Pearl Quong

Respondents

DECISION

Adjudicator: Keith Brennenstuhl

Date: February 27, 2012

Citation: 2012 HRTO 410

Indexed as: Da Costa v. Vancelatchford Place

APPEARANCES

Richard Da Costa, Applicant ) No one appearing

Vancelatchford Place, ) Douglas Levitt, Counsel

And Pearl Quong, Respondents )

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (‘the Code”).

2Pursuant to a Case Assessment Direction dated November 7, 2011, the Tribunal directed that a summary hearing be convened pursuant to Rule 19A of the Tribunal’s Rules of Procedure to determine whether the Application should be dismissed, in whole or in part, on the basis that there was no reasonable prospect that the Application or part of the Application would succeed. In its Case Assessment Direction, the Tribunal directed that the summary hearing would proceed by way of teleconference and advised the parties that a Notice of Summary Hearing would be sent to them by the Registrar’s office.

3The Notice of Summary Hearing was sent to the parties on December 12, 2011, advising that the summary hearing would commence at 9:30 p.m. on February 23, 2012. The Notice of Summary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was mailed to the applicant at the address provided by him to the Tribunal.

4The Summary Hearing was convened by teleconference on February 23, 2012 at the scheduled time. Counsel for the respondents was present at the summary hearing. The applicant did not attend the hearing.

5I advised those present on the call that the hearing would commence at 10:00 a.m. or whenever the applicant attended on the call, whichever occurred first. At 10:00 a.m., the applicant was still not present.

6I was satisfied at the hearing that the applicant had received notice of the summary hearing. There was no indication that the applicant would not be attending the hearing. In the absence of the applicant or any explanation for his failure to attend the hearing, I dismissed the Application as abandoned.

ORDER

7The Application is dismissed.