HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Gary Crangle
Applicant
-and-
York Region Condominium Corporation No. 784
Respondent
DECISION
Adjudicator: Brian Eyolfson
Indexed as: Crangle v. York Region Condominium Corporation No. 784
1The applicant filed an Application for Contravention of Settlement (“Application”) under s. 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on July 28, 2015. The respondent filed a Response to the Application on August 11, 2015.
2By letter to the parties dated August 27, 2015, the Tribunal indicated that a teleconference would be scheduled in this matter to hear submissions on the matters raised in the Application.
3On September 1, 2015, the Tribunal delivered a Notice of Hearing (“Notice”) to the parties confirming that a hearing had been scheduled by conference call for January 7, 2016, commencing at 1:30 p.m., and providing information for the parties to connect to the conference call. The Notice advised that the hearing would deal with the issues identified in the Tribunal’s August 27, 2015 letter, and that if the applicant did not attend the hearing after receiving proper notice, the Tribunal may dismiss the Application as abandoned.
4At the commencement of the scheduled conference call hearing on January 7, 2016, the respondent was in attendance, but the applicant was not. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding. At 2:00 p.m. the applicant was still not in attendance on the conference call.
5The Tribunal’s August 27, 2015 letter and September 1, 2015 Notice were delivered to the applicant by regular mail at the address the applicant provided in the Application, and were not returned as undeliverable. The Tribunal was satisfied that the applicant had notice of the hearing.
6In the circumstances, the Application was dismissed at the hearing on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 13th day of January, 2016.
“Signed By”
Brian Eyolfson
Vice-chair