HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Gabriel Landry
Applicant
-and-
Ontario Provincial Police, Darren Miller and Jeff Dagg
Respondents
DECISION
Adjudicator: Naomi Overend Date: April 25, 2016 Citation: 2016 HRTO 539 Indexed as: Landry v. Ontario Provincial Police
APPEARANCES
Gabriel Landry, Applicant
No one appearing
Ontario Provincial Police, Darren Miller and Jeff Dagg., Respondents
Lynn Donnelly and Indira Sawh, Counsel
1This Application alleges discrimination on the basis of sex contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). A hearing in this matter was scheduled for April 25 and 26, 2016 in Toronto.
2I am satisfied that the applicant had notice of the hearing. The applicant provided his disclosure and witness lists in accordance with the Notice of Confirmation of Hearing, and as recently as April 22, 2106, the respondents’ counsel was sending him correspondence.
3The applicant was not in attendance at the commencement of the scheduled hearing. The Tribunal’s usual practice in these situations is to wait until 10:00 a.m. before proceeding, however, in this case the Tribunal waited longer than that before asking the respondents for their submissions on this matter because one of the respondents had driven a considerable distance to attend the hearing in Toronto.
4At 10:25 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.
5In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 25th day of, 2016.
”Signed By”
Naomi Overend Vice-chair