Zenon Macyshyn v. Toronto Police Services and St. Joseph’s Health Centre, 2012 HRTO 433

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Zenon Macyshyn

Applicant

-and-

Toronto Police Services and St. Joseph’s Health Centre

Respondents

DECISION

Adjudicator: Ian R. Mackenzie

Date: February 29, 2012

Citation: 2012 HRTO 433

Indexed as: Macyshyn v. Toronto Police Services

1Zenon Macyshyn filed Applications under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in goods, services or facilities on the basis of disability, against the Toronto Police Services and St. Joseph’s Hospital.

2On November 10, 2011, the Tribunal ordered a summary hearing of the Application to determine if it had a reasonable prospect of success. A Notice of Confirmation of Hearing was issued on December 19, 2011, confirming that the summary hearing would take place on February 28, 2012, commencing at 9:30 a.m., by teleconference 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.

3I am satisfied that the applicant had notice of the hearing.

4The applicant was not in attendance at the commencement of the scheduled hearing. The Tribunal waited until 9:45 a.m. before proceeding.

5At 9:45 a.m. the applicant had not phoned into the teleconference nor had he communicated with the Tribunal to explain his failure to attend.

6In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.