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HUMAN RIGHTS TRIBUNAL OF ONTARIO
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**B E T W E E N:**
Thomas Medhurst
Applicant
-and-
Her Majesty the Queen in Right of Ontario as Represented by the Minister of Community Safety and Correctional Services (the Ontario Provincial Police) and Tyler Johnson
Respondents
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**DECISION**
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**Adjudicator:** Naomi Overend
**Date:** January 12, 2015
**Citation:** 2015 HRTO 35
**Indexed as:** Medhurst v. Ontario (Community Safety and Correctional Services)
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## APPEARANCES
Thomas Medhurst, Applicant
No one appearing
Ontario (Community Safety and Correctional Services) and Tyler Johnson, Respondents
Jordana K. Joseph, Counsel
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[1] The applicant filed an Application under [s. 34](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h19/latest/rso-1990-c-h19.html#sec34_smooth) of the [Human Rights Code](https://www.canlii.org/en/on/laws/stat/rso-1990-c-h19/latest/rso-1990-c-h19.html), R.S.O. 1990, c. H.19, as amended (the “Code”), on June 26, 2014. The Tribunal issued a Case Assessment Direction on September 5, 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.
[2] On October 3, 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 7, 2015 commencing at 9:30 a.m. The Notice was mailed to the applicant, at the address provided by him to the Tribunal, and was not returned as undeliverable. Moreover, counsel for the respondent sent correspondence to the Tribunal and applicant by email and courier on December 19, 2014 enclosing the respondent’s documents and making specific reference to the January 7, 2015 hearing. Counsel advised that after numerous attempts to deliver the document, the courier company confirmed that it had successfully delivered the document at 7:00 a.m. on the day of the summary hearing.
[3] The applicant did not join the teleconference at the commencement of the scheduled summary hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding. At 10:00 a.m. the applicant was still not in attendance. There was no further communication from the applicant.
[4] In the circumstances, the Application is dismissed on the basis that the applicant is deemed to have abandoned the Application.
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Dated at Toronto, this 12<sup>th</sup> day of January, 2015.
“Signed by”
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Naomi Overend
Vice-chair
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minicounsel