L.C. v. Toronto District School Board, 2014 HRTO 873

Human Rights Tribunal of Ontario

B E T W E E N:

L.C. by his Litigation Guardian

Applicant

-and-

Toronto District School Board

Respondent

DECISION

Adjudicator: David Muir Date: June 13, 2014 Citation: 2014 HRTO 873 Indexed as: L.C. v. Toronto District School Board

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to the provision of goods and services because of disability. This case was scheduled for a preliminary hearing on April 25, 2014 by telephone conference call.

2At some point shortly before the scheduled hearing time a person identifying themselves as the applicant’s Litigation Guardian contacted the Tribunal to advise that they could not attend the call because of an emergency. When the respondent attended on the conference call at 9:30 a.m. counsel advised that a similar call had been received by them at about 9:15. Counsel advised that the person who called indicated that it was a family emergency.

3In accordance with the Tribunal’s usual practice I adjourned the hearing until 10:00 a.m. in the event that the applicant did attend on the conference call. The applicant did not.

4At 10:00 a.m. the respondent returned to the call and I entertained their submissions. The respondent indicated that the applicant should be given an opportunity to substantiate the reasons for his non-attendance at the telephone conference hearing otherwise the Application should be dismissed as abandoned.

5In the circumstances I determined that it was most fair, just and expeditious to treat the telephone calls to the respondent’s counsel and to the Tribunal as a Request for an adjournment and made the following Directions in a Case Assessment Direction issued on April 28, 2014:

a. The applicant will deliver and file within 14 days of the date of this Case Assessment Direction providing information with respect to the emergency and the reasons why it prevented her from participating in the conference call failing which this Application may be dismissed as abandoned.

b. The respondent may respond to the applicant’s submissions if they wish within 7 days of their receipt of the applicant’ submissions.

6The applicant has not responded to these Directions and the time for doing so has passed, nor has he communicated with the Tribunal in any way. In the circumstances I find that the applicant has abandoned this Application and accordingly it is dismissed.