Daniel Predie v. Andrew Shirley and Melissa Shirley, 2013 HRTO 1577

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Daniel Predie Applicant

-and-

Andrew Shirley and Melissa Shirley Respondents

DECISION

Adjudicator: Maureen Doyle Date: September 19, 2013 Citation: 2013 HRTO 1577 Indexed as: Predie v. Shirley

APPEARANCES

Daniel Predie, Applicant No one appearing

Andrew Shirley, Respondent No one appearing

Melissa Shirley, Respondent No one appearing

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 January 18, 2012.

2On July 3, 2013, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a summary hearing of the Application would take place on September 17, 2013, by telephone conference call, and providing the information necessary for the parties to participate in the telephone conference call. The Notice was delivered to the applicant in accordance with the contact information 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. In accordance with its usual practice, the Tribunal waited until 2 p.m. before proceeding. I note also that the respondents were not in attendance.

5At 2 p.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

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