HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ronald King Applicant
-and-
London Life Insurance Company and Murphy Planning Partners Respondents
DECISION
Adjudicator: Jennifer Scott Date: November 04, 2015 Citation: 2015 HRTO 1487 Indexed as: King v. London Life Insurance Company
Introduction
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended on March 9, 2015.
2By Case Assessment Direction dated July 10, 2015, the Tribunal directed that a summary hearing take place in order to determine whether the Application should be dismissed on the basis that it appeared that some or all of the allegations were untimely and because there was no reasonable prospect that the Application or part of the Application would succeed.
3On July 29, 2015, the Tribunal issued a Notice of Summary and Preliminary Hearing to the parties confirming that the summary hearing would take place by teleconference on November 4, 2015 commencing at 9:30 a.m. The Notice was delivered to the applicant’s counsel and was not returned as undeliverable.
4The applicant and/or the applicant’s counsel were not in attendance at the commencement of the scheduled summary hearing.
5During the teleconference on November 4, 2015, the respondents’ counsel advised me that she had had a discussion with the applicant’s counsel on November 2, 2015 about the upcoming summary hearing on November 4, 2015. She did not indicate the content of those discussions. I am satisfied that the applicant’s counsel and the applicant had notice of the summary hearing.
6In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.
7At 10:00 a.m. the applicant’s counsel was not in attendance nor had he communicated with the Tribunal to explain the failure to attend.
8In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 4th day of November, 2015.
“Signed By”
Jennifer Scott Vice-chair