Kotskulych v. John M. Kelly Library - University of St. Michael’s College, 2016 HRTO 1575

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ivan Kotskulych Applicant

-and-

John M. Kelly Library - University of St. Michael’s College Respondent

DECISION

Adjudicator: Laurie Letheren Date: December 7, 2016 Citation: 2016 HRTO 1575 Indexed as: Kotskulych v. John M. Kelly Library - University of St. Michael’s College

Appearances

Ivan Kotskulych, Applicant No one Appearing

John M. Kelly Library - University of St. Michael’s College, Respondent Andrew Zabrovsky, Counsel

1This is an Application filed under section 34 of Part IV of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment.

2By way of a Case Assessment Direction (“CAD”) dated May 12, 2016, the Tribunal directed that a Summary Hearing be held to determine whether this Application should be dismissed, in whole or in part, because there is no reasonable prospect that all or part of the Application will succeed.

3A Notice of Summary Hearing indicating the time and date of the Summary Hearing and providing information about how to participate in the hearing by telephone was sent to the parties by email and regular mail on August 16, 2016.

4The applicant contacted the Tribunal by email on August 26, 2016 to request that the first date chosen for the summary hearing be rescheduled. This was granted and another Notice of Summary Hearing indicating the time and date of the Summary Hearing and providing information about how to participate in the hearing by telephone was sent to the parties by email and regular mail on October 3, 2016. The same address and email for the applicant were used in the delivery of both Notices.

5The Summary Hearing was convened by teleconference on December 7, 2016, at 9:30 a.m., the scheduled time. Representatives from the respondent and its legal counsel were present on the Summary Hearing call. The applicant did not attend on the telephone hearing at 9:30 a.m. and had not advised the Tribunal that he would not be attending.

6I indicated to the respondent that we would wait 30 minutes in order to give the applicant an opportunity to participate in the hearing. At 10:00 a.m., the applicant was still not present.

7I am satisfied that the applicant received timely and proper notice of the Summary Hearing. In the absence of the applicant or any explanation for his failure to attend the hearing, I am dismissing the Application as abandoned.

ORDER

8The Application is dismissed.