Human Rights Tribunal of Ontario
B E T W E E N:
Bryan McConnell Applicant
-and-
Massiv Die-Form Respondent
DECISION
Adjudicator: Sheri D. Price Date: May 9, 2016 Citation: 2016 HRTO 620 Indexed as: McConnell v. Massiv Die-Form
1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”).
2The parties to this matter were advised in a December 23, 2015 Notice of Hearing that the Application was scheduled to be heard commencing at 9:30 a.m. on May 9, 2016, in Toronto. The Notice of Hearing was sent to the applicant at the address provided by him to the Tribunal and was not returned as undeliverable.
3In addition, the Tribunal issued Case Assessment Directions in this matter on April 20, 2016 and May 2, 2016 that reiterated that the Application would be heard on May 9, 2016 in Toronto. The Case Assessment Directions were sent to the applicant by regular mail and email and were not returned to the Tribunal as undeliverable. In addition, the applicant clearly received the April 20, 2016 Case Assessment Direction because he responded to it by email on April 28, 2016.
4On May 9, 2016, I convened the in-person hearing at the set time and place. The respondent was in attendance, but the applicant was not.
5In keeping with the Tribunal’s standard practice, I waited for the applicant to arrive until 10:00 a.m.. The applicant did not arrive by that time and there was nothing to indicate that he had contacted the Tribunal to explain his failure to attend the hearing at the set time.
6I was satisfied that the applicant had received timely and proper notice of the hearing. In the absence of the applicant or any explanation for his failure to attend the hearing, I dimissed the Application as abandoned at the May 9, 2016 hearing.
7Accordingly, the Application is dismissed as abandoned.
Dated at Toronto, this 9^th^ day of May, 2016.
“Signed by”
_________________________________ Sheri D. Price
Vice-chair