Human Rights Tribunal of Ontario
Between:
Robert Strutt Applicant
-and-
McDonalds Restaurants Respondent
Decision
Adjudicator: Keith Brennenstuhl Date: December 2, 2016 Citation: 2016 HRTO 1552 Indexed as: Strutt v. McDonalds Restaurants
Appearances
Robert Strutt, Applicant No one appearing
McDonalds Restaurants, Respondent Meaghen Russell, Counsel
1The applicant filed an Application alleging that the respondent discriminated against him contrary to the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the "Code").
2By Case Assessment Direction ("CAD"), dated August 4, 2016, the Tribunal directed that a Summary Hearing be held to address whether the Application should be dismissed on the basis that there is no reasonable prospect that it will succeed. In its CAD, the Tribunal directed that the Summary Hearing would proceed by way of teleconference and advised the parties that a Notice of Summary Hearing would be sent to them by the Registrar's office.
3The Notice of Summary Hearing was sent to the parties on October 26, 2016, advising that the summary hearing would commence at 9:30 a.m. on December 1, 2016. The Notice of Summary hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was mailed and emailed to the applicant at the addresses provided by him to the Tribunal and was not returned as undeliverable.
4On November 24, 2016 the Tribunal notified the applicant that the Summary Hearing would proceed as scheduled. The applicant did not indicate to the Tribunal that he was unable to attend the Summary Hearing.
5The Summary Hearing was convened by teleconference on December 1, 2016, at the scheduled time. The respondent's counsel attended the summary hearing. The applicant did not attend the hearing.
6I advised respondent's counsel that the hearing would commence at 9:30 a.m. or when the applicant attended on the call, whichever occurred first.
7By 10:00 a.m., the applicant had still not attended on the call.
8I was satisfied at the hearing that the applicant had received timely and proper notice of the summary hearing. The Notice of Summary Hearing was sent to the applicant at the addresses provided by him and not returned.
9In the absence of the applicant, I dismissed the Application as abandoned at the hearing.
Order
10The Application is dismissed.
Dated at Toronto, this 2nd day of December, 2016.
"Signed By"
________________________________________
Keith Brennenstuhl Vice-chair