Human Rights Tribunal of Ontario
B E T W E E N:
Darren Nicolas Arcaro
Applicant
-and-
2234881 Ontario Inc. o/a Bronte Sports Kitchen
Respondent
DECISION
Adjudicator: Alan G. Smith
Indexed as: Arcaro v. 2234881 Ontario Inc.
BACKGROUND
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 November 8, 2010, and the respondents filed a Response on January 19, 2011.
2A Notice of Confirmation of Hearing was sent via Canada Post to the parties by the Tribunal Registrar on November 16, 2011 to the addresses provided by the applicant in the Application. The Notice of Confirmation of Hearing was not returned to the Tribunal. I am satisfied that the Applicant had notice of the hearing.
3The applicant failed to appear on April 19, 2012, at 9:30 a.m., the date scheduled for hearing the Application. I stood the matter down for 30 minutes, but the applicant failed to appear or contact the Tribunal to explain the failure to attend.
4Tribunal Rule 3.13 e) states, “Where a party has been notified of a hearing and fails to attend the Tribunal may:…e) take any action it considers appropriate.”
ANALYSIS
5A Tribunal application is a legal proceeding commenced by the applicant. It is the applicant’s responsibility to attend the hearing and provide evidence in support of the allegations raised in the Application. In the absence of such evidence, the Tribunal is unable to proceed with the Application and there is no onus or responsibility on the respondent to provide evidence in response to allegations where the applicant has failed to appear at the hearing and no evidence has been provided by the applicant in support of his allegations.
ORDER
6In the absence of any correspondence or communication from the applicant to explain his failure to appear at the hearing and as a result of his failure to appear and provide any evidence in support of his allegations, the Application is dismissed.
Dated at Toronto, this 24th day of April, 2012.
“Signed by”
Alan G. Smith
Member