Jovo Sajatovic v. Workplace Safety and Insurance Board, 2016 HRTO 515

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jovo Sajatovic Applicant

-and-

Workplace Safety and Insurance Board Respondent

DECISION

Adjudicator: Douglas Sanderson Date: April 20, 2016 Citation: 2016 HRTO 515 Indexed as: Sajatovic v. Workplace Safety and Insurance Board

APPEARANCES

Jovo Sajatovic, Applicant No one appearing

Workplace Safety and Insurance Board, Respondent Samara Belitzky, Student-at-law

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to good, services and facilities because of ancestry, place of origin, citizenship, ethnic origin and disability. The Tribunal scheduled a summary hearing by teleconference for April 20, 2016, commencing at 9:30 a.m., to address whether the Application should be dismissed for delay or because it has no reasonable prospect of success.

2The applicant did not attend the hearing. In accordance with its usual practice, the Tribunal waited until 10 a.m. until proceeding with the hearing. The respondent submitted that the Tribunal should dismiss the Application as abandoned.

3I am satisfied that the applicant had notice of the hearing. The Tribunal sent the Notice of Summary Hearing (the “Notice”) to the address the applicant has used in correspondence with the Tribunal and there is no indication that the document was undelivered. The Notice set out the potential consequences of failing to attend the hearing, which included that the Tribunal may “dismiss the Application as abandoned” if the applicant does not attend. Accordingly, the applicant knew or ought to have known that the Application could be dismissed if he failed to attend the summary hearing.

4In view of the applicant’s non-attendance, the Application is hereby dismissed as abandoned.