Tony Delville v. City of Hamilton, 2016 HRTO 1097

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tony Delville Applicant

-and-

City of Hamilton Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: August 16, 2016 Citation: 2016 HRTO 1097 Indexed as: Delville v. Hamilton (City)

APPEARANCES

City of Hamilton, Respondent

Daniell Bartley, Counsel

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

2On July 11, 2016, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a summary hearing of the Application was scheduled to take place by teleconference on August 16, 2016 at 1:30 p.m. The Notice was delivered to the applicant at the mailing address and e-mail address provided on his Application to the Tribunal. In these circumstances, I am satisfied that the applicant had notice of the summary hearing.

3The summary hearing was convened by teleconference on the scheduled date and 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.