HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Walter Barubek
Applicant
-and-
Coffee Culture
Respondent
DECISION
Adjudicator: Geneviève Debané
Indexed as: Barubek v. Coffee Culture
APPEARANCES
Coffee Culture, Respondent
Katherine Rumble, Representative
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondent filed a Response.
2On May 7, 2014 the Tribunal issued a Case Assessment Direction which directed that a Summary Hearing would be held to determine if the Application should be dismissed on the basis that it had no reasonable prospect of success.
3On May 14, 2014 the Tribunal issued a Notice of Summary Hearing to the parties confirming that a Summary Hearing of the Application would take place via telephone conference commencing at 9:30 a.m. on September 18, 2014.
4The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable. I am satisfied that the applicant had notice of the Summary Hearing.
5The applicant was not in attendance at the commencement of the scheduled Summary Hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.
6At 10:00 a.m. the applicant was not in attendance.
7In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 18th day of September, 2014.
“Signed By”
Geneviève Debané
Vice-chair