HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Mark Wilson
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services, Ontario Disability Support Program
Respondent
DECISION
Adjudicator: Douglas Sanderson
Indexed as: Wilson v. Ontario (Community and Social Services)
APPEARANCES
Mark Wilson, Applicant
No one appearing
Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services, Ontario Disability Support Program, Respondent(s)
Michelle Schrieder, Counsel
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to goods, services and facilities because of disability. The Tribunal scheduled a summary hearing in person for October 2, 2013, commencing at 1:30 p.m., to address whether the Application should be dismissed because it had no reasonable prospect of success.
2The applicant did not attend the hearing. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. until proceeding with the hearing. The respondent submitted that the Tribunal should dismiss the Application as abandoned.
3I am satisfied that the applicant had notice of the hearing. The Tribunal sent the Notice of Summary Hearing (the “Notice”) to the e-mail address the applicant has used in correspondence with the Tribunal and there is no indication that the document was undelivered. The Notice set out the potential consequences of failing to attend the hearing, which included that the Tribunal may “dismiss the Application as abandoned if the applicant fails to attend”. Accordingly, the applicant knew or ought to have known that the Application could be dismissed if he failed to attend the summary hearing.
4In view of the applicant’s non-attendance, the Application is hereby dismissed as abandoned.
Dated at Toronto, this 3rd day of October, 2013.
“Signed By”
Douglas Sanderson
Vice-chair