Human Rights Tribunal of Ontario
Between:
Shihab Taha Applicant
-and-
Niagara Falls Taxi Limited Respondent
Decision
Adjudicator: Geneviève Debané Date: June 23, 2014 Citation: 2014 HRTO 923 Indexed as: Taha v. Niagara Falls Taxi Limited
Appearances
Shihab Taha, Applicant No one appearing
Niagara Falls Taxi Limited, Respondent Paul Heath, Representative
1This Application alleges discrimination with respect to employment because of race and colour contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On March 17, 2014, the Tribunal issued Interim Decision 2014 HRTO 379 which dismissed the Application as against a personal respondent on the basis that the allegations against him did not fall within the jurisdiction of the Code.
3The Interim Decision directed that the Tribunal would convene a Summary Hearing in order to determine whether the Application, in whole or in part, should be dismissed on the basis that it had no reasonable prospect of success and/or because another proceeding had appropriately dealt with the substance of the Application.
4On March 31, 2014 the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that the Summary Hearing would take place on June 20, 2014 commencing at 1:30 p.m. via telephone conference. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.
5I am satisfied that the applicant had notice of the hearing.
6The applicant was not in attendance at the commencement of the scheduled Summary Hearing. In accordance with its usual practice, the Tribunal waited 30 minutes before proceeding. At 2:00 p.m. the applicant had still not called into the telephone conference.
7In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 23rd day of June, 2014.
“Signed by”
Geneviève Debané Vice-chair