Bogdan Mikhailetchko v. Archdiocese of Canada of the Orthodox Church in America, 2013 HRTO 601

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Bogdan Mikhailetchko

Applicant

-and-

Archdiocese of Canada of the Orthodox Church in America and Alexander Pihach

Respondents

DECISION

Adjudicator: Jennifer Scott

Date: April 11, 2013

Citation: 2013 HRTO 601

Indexed as: Mikhailetchko v. Archdiocese of Canada of the Orthodox Church in America

APPEARANCES

Bogdan Mikhailetchko, Applicant

No one appearing

Archdiocese of Canada of the Orthodox Church in America and Alexander Pihach, Respondents

Matthew Estabrooks, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to membership in a vocational association because of creed.

2By Case Assessment Direction dated July 27, 2012, the Tribunal, on its own initiative, directed that a summary hearing be held to determine whether the Application had a reasonable prospect of success. The summary hearing was originally scheduled for November 6, 2012. It was rescheduled at the applicant’s request to January 31, 2013. It was rescheduled again at the applicant’s request to April 8, 2013.

3On February 11, 2013, the Tribunal was copied on correspondence from the applicant to the respondents’ legal counsel indicating that the applicant had come to the conclusion that there was no sense proceeding further “with this dispute with the Archdiocese of Canada”. On that same day, the Tribunal wrote directly to the applicant by electronic mail asking him to confirm his intention to withdraw or proceed with his Application. The applicant did not respond to the Tribunal’s communication.

4The summary hearing proceeded by conference call on April 8, 2013. The applicant did not attend the hearing.

5The applicant was advised of the April 8, 2013 summary hearing date by Notice of Rescheduled Summary Hearing dated February 12, 2013. The notice was sent to the applicant by regular mail and was not returned to the Tribunal. I am satisfied that the applicant had notice of the summary hearing. In the circumstances, the Application is dismissed on the basis that the applicant is deemed to have abandoned the Application.

ORDER

6The Application is dismissed as abandoned.