HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Colin Barnard
Applicant
-and-
McDonald’s Canada Corporation
Respondent
DECISION
Adjudicator: Naomi Overend Date: January 26, 2015 Citation: 2015 HRTO 111 Indexed as: Barnard v. McDonald’s Canada Corporation
APPEARANCES
Colin Barnard, Applicant
No one appearing
McDonald’s Canada Corporation, Respondent
Marie-France Chartrand, Counsel
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 February 10, 2014. The Tribunal issued a Case Assessment Direction on September 19, 2014, indicating that it would hold a summary hearing by teleconference to determine whether the Application should be dismissed as having no reasonable prospect of success.
2On October 24, 2014, the Tribunal issued a Notice of Summary Hearing to the parties confirming that the summary hearing of the Application would take place by teleconference on January 23, 2015, commencing at 1:30 p.m. The Notice was mailed to the applicant at the address provided by him to the Tribunal, and was not returned as undeliverable.
3The applicant did not join the teleconference at the commencement of the scheduled summary hearing. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding. At 2:00 p.m. the applicant was still not in attendance. There was no further communication from the applicant.
4In the circumstances, the Application is dismissed on the basis that the applicant is deemed to have abandoned the Application.
Dated at Toronto, this 26th day of January, 2015.
“Signed by” __________________________________
Naomi Overend
Vice-chair