Gustavo Morales v. Staples Animal Hospital, 2014 HRTO 985

Human Rights Tribunal of Ontario

B E T W E E N:

Gustavo Morales

Applicant

-and-

Staples Animal Hospital

Respondent

DECISION

Adjudicator: Dawn J. Kershaw

Date: July 7, 2014

Citation: 2014 HRTO 985

Indexed as: Morales v. Staples Animal Hospital

1A hearing in respect of this Application was scheduled for July 4, 2014, in London.

2The Notice of Hearing in this matter was sent to the applicant on January 22, 2014. The applicant had additional notice of the hearing by way of my Case Assessment Directions (“CADs”), dated June 17 and 30, 2014, dealing respectively with production of documents and advising the parties that the respondent’s Request for an Order During Proceedings would be dealt with at the outset of the hearing, both of which CADs referred to the date of the hearing.

3The Notice of Hearing stated:

If you do not attend the hearing after receiving proper notice, the HRTO may proceed in your absence (if you are a respondent or intervener) or dismiss the Application as abandoned (if you are the applicant).

4On the hearing date, the applicant had not shown up at the hearing site by 40 minutes after the scheduled start time. The respondent asked that the Application be dismissed as abandoned.

5I contacted the Tribunal office to inquire whether the applicant had called the Tribunal to advise of any reason for his non-attendance and he had not done so. In the circumstances, given the applicant’s failure to attend the hearing, the Application is dismissed as abandoned.