Lozano v. Rabovsky, 2013 HRTO 720

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Angel Lozano Applicant

-and-

Neil Rabovsky Respondent

DECISION

Adjudicator: Jennifer Scott Date: April 30, 2013 Citation: 2013 HRTO 720 Indexed as: Lozano v. Neil Rabovsky

WRITTEN SUBMISSIONS

Angel Lozano, Applicant Self-represented

Neil Rabovsky, Respondent Self-represented

Introduction

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 employment because of disability and reprisal.

2The Application was originally scheduled for a hearing on September 17, 2012. The hearing date was adjourned when the Tribunal discovered the applicant had not received notice of the hearing.

3By Case Assessment Direction dated September 14, 2012 (the “CAD”), the Tribunal advised the parties that a new hearing date would be scheduled and further advised them to comply with their pre-hearing disclosure obligations set out in the Notice of Confirmation of Hearing that would be sent following the CAD. The Tribunal also advised the parties that the respondent’s request to dismiss the Application on the basis that the applicant signed a full and final release with respect to the same matter would be dealt with at the hearing.

4By Notice of Confirmation of Hearing dated December 13, 2012, the hearing was rescheduled to May 1, 2013. The Notice of Confirmation of Hearing advised the applicant that if he failed to attend the hearing, the Tribunal could dismiss the Application as abandoned. The Notice of Confirmation of Hearing also advised the parties to provide their pre-hearing disclosure by March 18, 2013. Neither party has provided their pre-hearing disclosure.

5On March 22, 2013, the applicant requested an adjournment of the hearing until July 2013 because of his health condition.

6On April 8, 2013, the Tribunal requested medical information from the applicant concerning the medical condition that prevents him from attending the hearing on May 1, 2013. The applicant was directed to produce this information by April 15, 2013. He failed to do so.

7On April 9, 2013, the applicant advised the Tribunal that he is not in Canada and he hopes to be better in July 2013 to attend the hearing.

8By Interim Decision dated April 16, 2013, the Tribunal denied the applicant’s adjournment request because the applicant failed to provide any medical evidence that would establish the exceptional circumstances necessary to grant the adjournment. The Tribunal asked the applicant to confirm that he would be in attendance at the hearing on May 1, 2013 by April 19, 2013.

9On April 17, 2013, the applicant wrote to the Tribunal and advised that he has provided the names of his witnesses and the Tribunal or his representative could cross examine the witnesses about the events that occurred during his employment with the respondent if he cannot be present at the hearing.

10The hearing in this matter cannot proceed without the applicant. The Notice of Confirmation of Hearing is clear that if the applicant fails to attend the hearing, the Application may be dismissed as abandoned.

11The applicant has advised the Tribunal that he is currently out of the country. The applicant was requested to confirm with the Tribunal that he will be in attendance at the hearing on May 1, 2013. He failed to do so. The applicant was further advised that if intended to attend the hearing, he must comply with his pre-hearing disclosure obligations. He failed to do so. In these circumstances, it appears that the applicant does not intend to proceed with his Application. As such, the Application is dismissed as abandoned. The hearing date of May 1, 2013 is cancelled.