Human Rights Tribunal of Ontario
BETWEEN:
Richard Labelle Applicant
-and-
1048547 Ontario Inc. Respondent
DECISION
Adjudicator: Michelle Flaherty Date: May 12, 2014 Citation: 2014 HRTO 673 Indexed as: Labelle v. 1048547 Ontario Inc.
Introduction
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2On November 1, 2013, the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that hearing of the Application would take place on May 2, 2014 commencing at 9:30 a.m. at the hearing centre at 255 Albert St, 4th Floor, Ottawa, Ontario. Throughout these proceedings, the applicant has been represented by counsel. The Notice of Confirmation of Hearing was delivered to the applicant's counsel at the last address provided by the applicant to the Tribunal.
3I am satisfied that the applicant had notice of the hearing.
4The applicant was not in attendance at the commencement of the scheduled hearing, although his counsel was present. Counsel was unable to account for his client's absence at the hearing, and agreed that the matter could not proceed in the applicant's absence. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.
5At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with his counsel or the Tribunal to explain the failure to attend.
6In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 12th day of May, 2014.
« Signed by »
Michelle Flaherty Member