John Battaglio v. Workplace Safety and Insurance Appeals Tribunal, 2014 HRTO 784

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Battaglio

Applicant

-and-

Workplace Safety and Insurance Appeals Tribunal

Respondent

DECISION

Adjudicator: David Muir

Date: June 3, 2014

Citation: 2014 HRTO 784

Indexed as: Battaglio v. Workplace Safety and Insurance Appeals Tribunal

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 July 12, 2013.

2On January 20, 2014, the Tribunal issued a Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on June 2, 2014, commencing at 1:30 p.m. by telephone conference call. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.

3I am satisfied that the applicant had notice of the hearing.

4The applicant did not attend on the conference call at the scheduled time. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding.

5At 2:00 p.m. the applicant was not in attendance on the conference call nor had the applicant communicated with 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.