Adel Ftaich v. Conseil Scolaire Viamonde et Marc Frenette, 2016 HRTO 153

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Adel Ftaich

Applicant

-and-

Conseil Scolaire Viamonde et Marc Frenette

Respondents

DECISION

Adjudicator: Maureen Doyle

Date: February 3, 2016

Citation: 2016 HRTO 153

Indexed as: Ftaich v. Conseil Scolaire Viamonde

APPEARANCES

Adel Ftaich, Applicant

No one appearing

Conseil Scolaire Viamonde and Marc Frenette, Respondents

Margot Blight, Counsel

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on October 31, 2012.

2On November 23, 2015, the Tribunal issued a Notice of Preliminary Hearing to the parties confirming that a preliminary hearing of the Application would take place on February 2, 2016 commencing at 9:30 a.m. by conference call. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.

3I am satisfied that the applicant had notice of the hearing.

4The applicant was not in attendance at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

5At 10:00 a.m., the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

6In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.