Roberts v. Lowe’s Companies Canada, ULC, 2016 HRTO 37

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Geoffrey Roberts

Applicant

-and-

Lowe’s Companies Canada, ULC and Paul Swan

Respondents

DECISION

Adjudicator: Alison Renton

Date: January 11, 2016

Citation: 2016 HRTO 37

Indexed as: Roberts v. Lowe’s Companies Canada, ULC

APPEARANCES

Geoffrey Roberts, Applicant

No one appearing

Lowe’s Companies Canada, ULC and Paul Swan, Respondents

No one appearing

1This Application alleges discrimination with respect to employment because of race contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The respondents filed a joint Response denying the allegations against them. They also filed a Request for Summary Hearing pursuant to Rule 19A of the Tribunal’s Rules of Procedure.

3The Tribunal issued a Case Assessment Direction (“CAD”), dated October 28, 2015 (the “CAD”) stating that a summary hearing would be held by conference call to determine whether or not there is no reasonable prospect that the Application or part of the Application would succeed and to determine whether the individual respondent should be removed.

4The Tribunal issued a Notice of Summary Hearing, dated November 3, 2015 (“the Notice”), by mail to the parties, and scheduled the Summary Hearing for January 8, 2016 commencing at 1:30 p.m. Call-in instructions were provided in the Notice.

5On January 8, 2016, at 1:30 p.m., the Tribunal held the Summary Hearing. The parties did not call into the hearing, and the Tribunal held down the commencement of the hearing, in accordance with its practice, until 2:00 p.m. By 2:00 p.m., the parties still had not called into the hearing or otherwise communicated with the Tribunal.

6In these circumstances, the Application is dismissed as abandoned.