J. Gean Hemming v. London Police Services Board, 2013 HRTO 1825

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

J. Gean Hemming Applicant

-and-

London Police Services Board Respondent

DECISION

Adjudicator: Eric Whist Date: October 30, 2013 Citation: 2013 HRTO 1825 Indexed as: Hemming v. London Police Services Board

APPEARANCES

London Police Services Board, Respondent

Cheryl Rovis, Counsel

Introduction

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 April 9, 2013.

2On August 16, 2013, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a summary hearing of the Application would take place on October 29, 2013 commencing at 1:30 p.m. by teleconference. 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 timely and proper 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 2:00 p.m. before proceeding.

5At 2:00 p.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

6The respondent made brief submissions asking that the Application be dismissed as abandoned.

7Given these circumstances the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.