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HUMAN RIGHTS TRIBUNAL OF ONTARIO
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B E T W E E N:
Alaa Badawi
Applicant
-and-
York Condominium Corporation No. 90, Mark Marshall, Sam Metalin, Eddie Sokoloff, Sheila Buglass, Arlene Taylor and Jennifer Fletcher
Respondents
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DECISION
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Adjudicator: Naomi Overend
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Date: March 15, 2013
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Citation: 2013 HRTO 443
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Indexed as: Badawi v. York Condominium Corporation No. 90
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## APPEARANCES
Alaa Badawi, Applicant
No one appearing
York Condominium Corp No. 90, Mark Marshall, Sam Metalin, Eddie Sokoloff, Sheila Buglass, Arlene Taylor and Jennifer Fletcher, Respondents
Douglas H. Levitt, Counsel
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[1] This Application was filed under [s. 34](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h19/latest/rso-1990-c-h19.html#sec34_smooth) the [Human Rights Code](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h19/latest/rso-1990-c-h19.html), R.S.O. 1990, c. H.19, as amended (the “Code”), on November 29, 2010.
[2] A hearing was scheduled to take place on June 22, 2012, but was adjourned the day before because counsel for the respondent was ill. On July 3, 2012, the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that hearing of the Application would take place on March 11, 2012 [sic] commencing 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.
[3] I am satisfied that the applicant had notice of the hearing. I am also satisfied that the applicant would have been aware that the hearing was scheduled to take place in 2013, not 2012 as stated in the Notice, given the date of the Notice. In addition, following the adjournment of the June 2012 date, the parties were consulted with respect to their availability for a hearing and the applicant wrote in an email dated June 28, 2012, “Any day in March, 2013.”
[4] The applicant was not in attendance at the commencement of the scheduled hearing. The respondents’ counsel and representatives of the organizational respondent were present. It was their information that the applicant was leasing his unit and was not in the country. Although the applicant is obliged under Rule 1.13 to notify the Tribunal and the other parties of any change to his contact information, the Tribunal only has the applicant’s original address on file.
[5] In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding. At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.
[6] In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
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Dated at Toronto, this 15<sup>th</sup> day of March, 2013.
“Signed by”
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Naomi Overend
Vice-chair
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minicounsel