Heard v. The City Clerk, City of Toronto, 2015 HRTO 1245

Human Rights Tribunal of Ontario

B E T W E E N:

Gary Heard Applicant

-and-

The City Clerk, City of Toronto Respondent

DECISION

Adjudicator: Maureen Doyle Date: September 18, 2015 Citation: 2015 HRTO 1245 Indexed as: Heard v. The City Clerk, City of Toronto

APPEARANCES

Gary Heard, Applicant No one appearing

The City Clerk, City of Toronto, Respondent Antonella Ceddia, Counsel

DECISION

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 October 29, 2014.

2On June 22, 2015, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a Summary Hearing would take place by teleconference on September 18, 2015, commencing at 9:30 a.m., and providing the call-in information necessary for the parties to participate. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.

3I am satisfied that the applicant had notice of the hearing.

4The applicant was not in attendance at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

5At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

6In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.