Clunis v. Rimac Fabricators aka Rimac Metal Curving Specialists, 2014 HRTO 71

Human Rights Tribunal of Ontario

B E T W E E N:

Magnus Clunis Applicant

-and-

Rimac Fabricators aka Rimac Metal Curving Specialists Respondent

-and-

Office of the Employer Adviser Intervener

DECISION

Adjudicator: Jo-Anne Pickel Date: January 16, 2014 Citation: 2014 HRTO 71 Indexed as: Clunis v. Rimac Fabricators aka Rimac Metal Curving Specialists

1A hearing was scheduled for January 6, 2014 to address the respondent’s Request that this Application be dismissed under s. 45.1 of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”).

2On or around 9:30 AM on January 6, 2014, the applicant telephoned the Tribunal’s Hearing Center to advise that he was unable to attend the hearing because he had an accident and had to go to the hospital. He asked that the hearing be “cancelled”.

3In the circumstances, I advised the respondent that the hearing would not proceed. By Case Assessment Direction (“CAD”) dated January 7, 2014, I directed the applicant to provide medical documentation to substantiate his inability to attend the hearing if he wished to request an adjournment/rescheduling of the hearing. I directed him to do so within 7 days of the date of the CAD, failing which his Application might be dismissed as abandoned.

4The applicant did not comply with the directions set out in the CAD.

5The CAD was delivered to the applicant by mail and by e-mail. It was not returned as undeliverable. Therefore, I am satisfied that the applicant had notice of the directions set out in the CAD.

direction

6In light of the above circumstances, this Application is dismissed as abandoned.