Hyun Whan Kim v. York Support Services Network, 2016 HRTO 83

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hyun Whan Kim

Applicant

-and-

York Support Services Network

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: January 19, 2016

Citation: 2016 HRTO 83

Indexed as: Kim v. York Support Services Network

APPEARANCES

Hyun Whan Kim, Applicant

No one appearing

York Support Services Network, Respondent

Brendon Pooran, Counsel

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 disability. The Tribunal scheduled a summary hearing in person for January 19, 2016, commencing at 1:30 p.m., to address whether the Application should be dismissed 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 2:00 p.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.