Bradbury v. Pinto, 2016 HRTO 892

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Thomas Bradbury

Applicant

-and-

Robin Pinto

Respondent

DECISION

Adjudicator: Jennifer Khurana

Date: July 5, 2016

Citation: 2016 HRTO 892

Indexed as: Bradbury v. Pinto

APPEARANCES

Robin Pinto, Respondent

Kara Smith, Counsel

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 Summary Hearing ("Notice") to the parties confirming that the summary hearing would take place on May 10, 2016. The applicant asked for the hearing to be rescheduled. On May 5, 2016 the Tribunal sent a second Notice rescheduling the summary hearing to July 5, 2016, commencing at 9:30 a.m. by telephone conference. The Notice provided a phone number that the parties were directed to call in order to participate in the hearing.

3The applicant was not in attendance at the commencement of the summary hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

4At 10:00 a.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. Both Notices were delivered to the applicant by regular mail and by email at the addresses provided by the applicant to the Tribunal and were not returned as undeliverable. I am satisfied that the applicant received the Notices as he responded to the first Notice and asked that the hearing be rescheduled. On May 4, 2016 the applicant confirmed his availability to reschedule the summary hearing to July 5, 2016. In both cases the applicant used the same email address to which the Notices were sent.

Post-hearing Communications

6I am advised the applicant sent the Registrar and the respondent an email from his email address at 1:48 p.m. in which he states:

I just realized that I missed the summary hearing as of this second. You were probably going to dismiss it anyways even though some of the things were said to my face. If there is any chance would like to reschedule, and if not that is fine as well.

7As already noted, I dismissed the Application as abandoned when the applicant had not appeared by 10:00 am. The applicant's 1:48 pm email confirms he received notice of the hearing, does not provide any explanation for his failure to appear at the hearing and appears to accept the Application would be dismissed for that reason. In the circumstances I am satisfied there is no basis to reconsider my decision to dismiss as abandoned.

order

8The Application is dismissed.