J.L. v. Ontario (Community and Social Services), 2012 HRTO 961

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

J.L. by his next friend T.H. Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services Respondent

DECISION

Adjudicator: Sheri D. Price Date: May 11, 2012 Citation: 2012 HRTO 961 Indexed as: J.L. v. Ontario (Community and Social Services)

APPEARANCES

J.L. by his next friend T.H., Applicant No one appearing

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services, Respondent Mimi Singh, Counsel

1This is an Application under s.34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), in which the applicant alleges that the respondent discriminated against him on the basis of disability with respect to services.

2Pursuant to a Case Assessment Direction dated January 25, 2012, the Tribunal directed, on its own initiative, 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 on the basis that there was no reasonable prospect that 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 January 30, 2012, advising that the summary hearing would commence at 9:30 a.m. on May 11, 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, and was not returned as undeliverable.

4The Summary Hearing was convened by teleconference on May 11, 2012, at the scheduled time. The respondent attended the summary hearing and was represented by counsel. 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 timely and proper notice of the summary hearing. I was not aware of any 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 (through his next friend), I dismissed the Application as abandoned at the hearing.

ORDER

7The Application is dismissed.