HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kevin Prow Applicant
-and-
Toyota Motor Manufacturing Canada Inc. Respondent
DECISION
Adjudicator: Jennifer Khurana
Indexed as: Prow v. Toyota Motor Manufacturing Canada Inc.
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On February 9, 2016, the Tribunal issued a Notice of Confirmation of Preliminary Hearing scheduling the hearing of the Application on May 13, 2016, commencing at 1:30 p.m. by telephone conference. The Notice was delivered to the applicant to the email address provided by the applicant to the Tribunal and was not returned as undeliverable.
3The applicant was not in attendance at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding.
4At 2:00 p.m. the applicant was still not present and had not communicated with the Tribunal to explain the failure to attend. The respondent asked that the Application be dismissed as abandoned. After considering those submissions I dismissed the application as abandoned with written reasons to follow. These are my reasons for that decision.
5I am satisfied that the applicant had notice of the hearing. On January 26, 2016 the applicant confirmed his availability for various hearing dates, including May 13, 2016, using the same email address to which the notice of hearing. The Notice was not returned as undeliverable.
6In the circumstances, the Application was dismissed as abandoned.
Dated at Toronto, this 16th day of May, 2016.
“Signed By”
Jennifer Khurana Vice-chair