Nathaniel Cohen v. Synergex Corporation, 2013 HRTO 289

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nathaniel Cohen

Applicant

-and-

Synergex Corporation

Respondent

DECISION

Adjudicator: Sheri D. Price

Date: February 21, 2013

Citation: 2013 HRTO 289

Indexed as: Cohen v. Synergex Corporation

1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”).

2On June 28, 2012, the Tribunal sent the parties a Notice of Confirmation of Hearing confirming that the hearing of the Application would take place on February 22, 2013, in Toronto.

3The applicant filed a Request for an Order during Proceedings asking that he be permitted to participate in the February 22, 2013 hearing by teleconference because he is presently employed in Israel.

4In a January 30, 2013 Interim Decision, after seeking submissions from the parties and convening a conference call to address the issue, the Tribunal denied the applicant’s request and determined that the applicant would be required to attend the hearing of the Application in person: 2013 HRTO 164.

5On February 5, 2013, the Tribunal received an email from the applicant requesting that the February 22, 2013 hearing be adjourned on the basis that the applicant was unable to travel to Canada to attend the hearing for financial and work-related reasons.

6In a February 8, 2013 Interim Decision, the Tribunal denied the adjournment request for the reasons given in the decision. In its February 8, 2013 Interim Decision, the Tribunal also directed the applicant to confirm to the Tribunal and the respondent in writing by no later than February 19, 2013 that he would be in attendance at the hearing on February 22, 2013. The Tribunal advised the applicant that if such confirmation was not received, the Tribunal might consider the applicant to have abandoned the Application and dismiss it accordingly: 2013 HRTO 234.

7It is now past the February 19, 2013 deadline and the applicant has not confirmed that he will be in attendance at the hearing of the Application on February 22, 2013. On the contrary, the applicant emailed the Tribunal on February 18, 2013 to state that he will not be attending the February 22, 2013 hearing. In the circumstances, I find that the applicant has abandoned the Application. The Application is dismissed accordingly. The February 22, 2013 hearing is cancelled.

ORDER

8The Application is dismissed as abandoned.