Youkhana Moshi v. Ontario (Community Safety and Correctional Services), 2014 HRTO 1641

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Youkhana Moshi

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services

Respondent

DECISION

Adjudicator: Kathleen Martin

Date: November 10, 2014

Citation: 2014 HRTO 1641

Indexed as: Moshi v. Ontario (Community Safety and Correctional Services)

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on April 24, 2014.

2By Case Assessment Direction dated August 12, 2014, the Tribunal directed that the Registrar schedule a half-day summary hearing by conference call and that the parties deliver to each other and file with the Tribunal copies of any further documents or cases they intend to rely upon no later than 14 days prior to the teleconference. The Case Assessment Direction was delivered to the parties by mail and courier. The CAD was not returned as undeliverable.

3On September 3, 2014, the Tribunal issued a Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on November 7, 2014 commencing at 9:30 a.m. and providing conference call details regarding the same. The Notice was delivered to the parties by mail (to the applicant at their last known address and to the respondent at the address provided by the applicant to the Tribunal). The Notice was not returned as undeliverable.

4Neither party filed materials in advance of the hearing.

5I am satisfied that the parties had notice of the hearing.

6The applicant was not in attendance at the commencement of the scheduled hearing nor was the respondent. In accordance with its usual practice, the Tribunal waited until 10:00 a.m.

7The applicant has not communicated with the Tribunal to explain the failure to attend nor have they communicated with the Tribunal subsequent to the filing of the Application.

8In the circumstances, I deem the applicant to have abandoned the Application. The Application is dismissed.