Nandram Kissoon v. Canada Catering Cleaning and Tom Hurst, 2013 HRTO 370

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nandram Kissoon

Applicant

-and-

Canada Catering Cleaning and Tom Hurst

Respondents

DECISION

Adjudicator: Jo-Anne Pickel

Date: March 5, 2013

Citation: 2013 HRTO 370

Indexed As: Kissoon v. Canada Catering Cleaning

APPEARANCES

Nandram Kissoon, Applicant

No one appearing

Canada Catering Cleaning and Tom Hurst, Respondents

Rita Bairos, Representative

Health Care and Service Workers Union Local 304 affiliated with the Christian Labour Association of Canada, intervenor

Michael Glockner, Representative

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 June 2, 2010.

2On May 3, 2012, the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that hearing of the Application would commence on March 4, 2013, at 9:30 a.m. at the Tribunal’s hearing centre at 655 Bay St, 14th Floor, Toronto, Ontario. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.

3On February 28, 2013, the applicant requested that the hearing be adjourned. By Interim Decision dated March 1, 2013, I denied the applicant’s request. In the Interim Decision, the parties were advised that the hearing would proceed as scheduled. I am satisfied that the applicant had notice that the hearing was proceeding as scheduled.

4The applicant was not in attendance at the commencement of the first scheduled hearing date. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

5At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

6After hearing submissions from the respondents, the Tribunal issued an oral ruling that the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.

7The applicant commenced a legal proceeding when he filed his Application with the Tribunal. It is the applicant’s responsibility to participate in this proceeding by taking the necessary steps to pursue it, including attending the hearing scheduled to consider the allegations raised in the Application. He has not done so. As the applicant received timely and proper notice of the hearing and has failed to attend this hearing.

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