Xin Yan v. Provincial Offences Court Administration and Janice Read, 2014 HRTO 859

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Xin Yan

Applicant

-and-

Provincial Offences Court Administration and Janice Read

Respondents

DECISION

Adjudicator: Keith Brennenstuhl Decision Date: June 10, 2014 Citation: 2014 HRTO 859 Indexed as: Yan v. Provincial Offences Court Administration

APPEARANCES

Xin Yan, Applicant No one appearing

Provincial Offences Court Administration and Janice Read, Respondents Jennifer Feren, Counsel

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2Pursuant to a Case Assessment Direction dated January 6, 2014, the Tribunal directed that a summary hearing be convened pursuant to Rule 19A of the Tribunal’s Rules of Procedure to determine whether the Application should be dismissed on the basis that there was no reasonable prospect that the Application or part of the Application would succeed. In its Case Assessment Direction, the Tribunal directed that the hearing would proceed by way of teleconference and advised the parties that a Notice of Hearing would be sent to them by the Registrar’s office.

3The Notice of Hearing was sent to the parties on January 23, 2014, advising that the hearing would commence at 9:30 a.m. on June 9, 2014. The Notice of Hearing also advised the parties how to connect to the teleconference. The Notice of Hearing was mailed to the applicant and the respondents at the addresses provided by them to the Tribunal.

4The hearing was convened by teleconference on June 9, 2014 at the scheduled time. The applicant was not present at the hearing. The respondents’ counsel was present at the hearing as well as a Mandarin interpreter as requested by the applicant.

5I remained on the teleconference call until 10:00 a.m. At 10:00 a.m. the applicant was still not present.

6I was satisfied at the hearing that the applicant had received notice of the hearing. There was no indication that the applicant would not be attending the hearing. In the absence of the applicant or any explanation for his failure to attend the hearing, I dismissed the Application as abandoned.

order

7The Application is dismissed.