Semere Isaak v. Andorra Building Maintenance Ltd. and 0825859 B.C. Ltd (d.b.a. Four Seasons Hotel Toronto), 2016 HRTO 1521

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Semere Isaak

Applicant

-and-

Andorra Building Maintenance Ltd. and 0825859 B.C. Ltd (d.b.a. Four Seasons Hotel Toronto)

Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: November 28, 2016 Citation: 2016 HRTO 1521 Indexed as: Isaak v. Andorra Building Maintenance Ltd.

APPEARANCES

Andorra Building Maintenance Ltd., Respondent

Frida De Paz, Representative

0825859 B.C. Ltd (d.b.a. Four Seasons Hotel Toronto), Respondent

Jeremy Hann, Counsel

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

2On October 3, 2016, the Tribunal issued a Notice of Rescheduled Summary Hearing to the parties confirming that a summary hearing of the Application was scheduled to take place by teleconference on November 25, 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. The Tribunal had mailed a Notice of Mediation to the applicant’s mailing address, which he received. As well, the Tribunal had been in touch with the applicant by e-mail to reschedule the Summary Hearing. 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 respondents for their submissions on the appropriate next steps in the circumstances. The respondents 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.