Human Rights Tribunal of Ontario
BETWEEN:
Claude Henry Applicant
-and-
Mississauga Transit Commission Respondent
DECISION
Adjudicator: Eric Whist Date: April 16, 2013 Citation: 2013 HRTO 625 Indexed as: Henry v. Mississauga Transit Commission
APPEARANCES
Mississauga Transit Commission, Respondent Graham Walsh, 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 the provisions of services on the basis of race, colour and disability.
2On January 30, 2013, the Tribunal issued a Notice of Summary Hearing to the parties.
3The Summary Hearing was scheduled for 1:30 p.m., on April 15, 2013. The respondent appeared on time. The applicant failed to appear by 2:00 p.m. At the conclusion of the hearing I dismissed the Application on the basis that the applicant had failed to appear.
4Shortly after the conclusion of the hearing the respondent’s counsel forwarded a letter he had just received from the applicant stating that he wished to withdraw his Application. There is no indication that the applicant sent this letter to the Tribunal.
5While the Tribunal acknowledges the applicant’s interest in withdrawing his Application, his request to withdraw was only received by the Tribunal after it made its decision to dismiss the Application. Under these circumstances the Tribunal’s decision to dismiss the Application as abandoned stands.
6Dated at Toronto, this 16th day of April, 2013.
“signed by”
Eric Whist Vice-chair