Jasen Belanger v. Feldcamp Equipment Limited, 2015 HRTO 518

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jasen Belanger Applicant

-and-

Feldcamp Equipment Limited Respondent

DECISION

Adjudicator: Brian Cook Date: April 23, 2015 Citation: 2015 HRTO 518 Indexed as: Belanger v. Feldcamp Equipment Limited

APPEARANCES

Jasen Belanger, Applicant No one appearing

Feldcamp Equipment Limited, Respondent Frieda Feldcamp, Representative

1This Application alleged discrimination with respect to employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In the Response to the Application, the respondent provided a non-discriminatory explanation for why the applicant’s employment was terminated on the first day of work.

2The Tribunal scheduled a mediation session which the applicant failed to attend. He subsequently confirmed that he wished the Application to continue and said that he had not received the Notice of the mediation as he had changed his address. A hearing was scheduled for March 13, 2015. The Notice of Hearing was sent to the address provided by the applicant and was not returned as not deliverable.

3On further review of the Application and the Response, the Tribunal determined that it was not clear how the applicant could successfully show that his employment had ended for the reasons he alleged. The hearing scheduled for March 13, 2015 was converted to a summary hearing by telephone conference to determine if the Application should be dismissed as having no reasonable prospect of success.

4Notice of the summary hearing was sent to applicant at the address he provided and was not returned as not deliverable.

5The respondent called in to the scheduled summary hearing. The applicant did not call in. The Tribunal has received no communication from the applicant since September 2014, when he advised that he wished to continue the Application and has not received any communication from the applicant since his failure to call in to the summary hearing.

6In the circumstances, it appears that the applicant has abandoned the Application and it is dismissed on that basis.