Davey v. Ontario (Health and Long-Term Care), 2013 HRTO 1938

Human Rights Tribunal of Ontario

B E T W E E N:

Harlon Davey

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Health and Long-Term Care

Respondent

DECISION

Adjudicator: Jennifer Scott

Date: November 22, 2013

Citation: 2013 HRTO 1938

Indexed as: Davey v. Ontario (Health and Long-Term Care)

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 July 23, 2012.

2On August 27, 2013, the Tribunal issued a Notice of Hearing to the parties confirming that the hearing of the Application would take place on November 21 and 22, 2013, commencing at 9:30 a.m. at the Tribunal’s hearing centre at 655 Bay St, 14th Floor, Toronto, Ontario.

3At 10:17 p.m. on November 20, 2013, the applicant sent an e-mail to legal counsel for the respondent, copied to the Registrar of the Tribunal, confirming that he would be at the hearing the following day.

4At 9:17 a.m. on November 21, 2013, the first scheduled date for the hearing, the applicant sent an e-mail to legal counsel for the respondent, copied to the Registrar of the Tribunal, advising counsel that he had a “case of the old-fashioned cold” and started to feel anxious about the hearing the night before. He stated he did not sleep well, and did not feel healthy and strong enough to attend the hearing. He stated further that he accepted responsibility and understood there may be implications for his decision. In his e-mail he stated:

Another was to trust the process and that is what I was hoping to bring to closure today. To have followed the process, but caring for myself and making sure that I can care for the people in my life is the healthy choice for me to make. It’s time for me to get on and live a normal life, I think today would have been a process which would have weeded me out. My experience is not considered important to enough people to care.

I am featured in Meet The Manager in this month’s issue of the Provincial Reimbursement Advisor. That was my exit.

Thank you for providing the opportunity and to the OMOH staff. I am happy to talk with you.

5The applicant did not request an adjournment in his e-mail of November 21, 2013.

6The applicant did not attend the hearing on November 21, 2013 at 9:30 a.m. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. for the applicant to attend.

7It appears from the applicant’s communication on November 21, 2013, and his failure to attend the hearing, that the applicant made the decision to not continue with his Application.

8In these circumstances, the Application is dismissed as abandoned.