Toomer v. Horizon Utilities Corporation, 2015 HRTO 844

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Richard Toomer

Applicant

-and-

Horizon Utilities Corporation

Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: June 24, 2015 Citation: 2015 HRTO 844 Indexed as: Toomer v. Hamilton Utilities Corporation

APPEARANCES

Hamilton Utilities Corporation, Respondent

Donna D’Andrea, Counsel

1The applicant filed an Application alleging discrimination contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On April 8, 2015, the Tribunal issued a Notice of Summary Hearing ("Notice") to the parties confirming that a summary hearing of the Application was scheduled to take place by teleconference on June 22, 2015 at 1:30 p.m. The Notice was delivered to the applicant at the mailing address provided on his Application to the Tribunal.

3The summary hearing was convened by teleconference on June 22, 2015 at the scheduled time. The applicant did not call into the summary hearing at 1:30 p.m. In accordance with its usual practice, the Tribunal waited until 2 p.m. before proceeding.

4At 2 p.m., the applicant had still not called into the summary hearing, nor had he communicated with the Tribunal to advise that he was unable to take part in the summary hearing.

5I asked the respondent for its submissions on the appropriate next steps in the circumstances. The respondent submitted that the Application should be dismissed as abandoned.

ORDER

6In the absence of the applicant or any explanation for his failure to attend the summary hearing, I dismissed the Application orally at the summary hearing. This Decision confirms that the Application is dismissed as abandoned.