HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Derek Ralph Thomas
Applicant
-and-
Her Majesty the Queen in the Right of Ontario as represented by the Ministry of Community Safety and Correctional Services
Respondent
DECISION
Adjudicator: Jacek Janczur
Indexed as: Thomas v. Ontario (Community Safety and Correctional Services)
APPEARANCES
Derek Ralph Thomas, Applicant
No one appearing
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services, Respondent
Adrien Iafrate, Counsel
1This is an Application under s.34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), in which the applicant alleges that the respondent infringed his rights under the Code.
2Pursuant to a Case Assessment Direction dated May 17, 2017, the Tribunal directed, at the request of the respondent, that a summary hearing be convened pursuant to Rule 19A of the Tribunal’s Rules of Procedure to determine whether the Application should be dismissed on the basis that there was no reasonable prospect that the Application would succeed, and to determine whether the application was untimely in whole or in part. In its Case Assessment Direction, the Tribunal directed that the summary hearing would proceed by way of teleconference and advised the parties that a Notice of Summary Hearing would be sent to them by the Registrar’s office.
3The Notice of Summary Hearing was sent to the parties on May 23, 2017, advising that the summary hearing would commence at 1:30 p.m. on July 31, 2017. The Notice of Summary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was mailed to the applicant at the address provided by him to the Tribunal and was not returned as undeliverable.
4The Summary Hearing was convened by teleconference on July 31, 2017, at the scheduled time. Respondent counsel attended the summary hearing. The applicant did not attend the hearing.
5I advised those present on the call that the hearing would commence at 2:00 p.m. or when the applicant attended on the call, whichever occurred first.
6By 2:00 p.m., the applicant had still not attended on the call.
7I was satisfied at the hearing that the applicant had received timely and proper notice of the summary hearing. I am not aware of the Tribunal having received any indication that the applicant would not be attending the summary hearing. Nor did the applicant indicate to the respondent that he was unable to attend the summary hearing.
8In the absence of the applicant or any explanation for his failure to attend the hearing, I dismissed the Application as abandoned at the hearing.
ORDER
9The Application is dismissed.
Dated at Toronto, this 8th day of August, 2017.
“Signed by”
Jacek Janczur
Vice-chair