McLaughlin v. Ontario (Natural Resources and Forestry), 2015 HRTO 181

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David McLaughlin

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Natural Resources and Forestry, and Jimmy Shrubsall

Respondents

DECISION

Adjudicator: Mark Hart Date: February 10, 2015 Citation: 2015 HRTO 181 Indexed as: McLaughlin v. Ontario (Natural Resources and Forestry)

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 September 3, 2014.

2On November 7, 2014, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a summary hearing of the Application would take place by teleconference on February 9, 2015 commencing at 1:30 p.m. 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 2:00 p.m. before proceeding.

5At 2:00 p.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.