Sauer v. Toronto District School Board, 2017 HRTO 1061

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Evan Sauer Applicant

-and-

Toronto District School Board Respondent

CUPE 4400 Unit D Intervenor

DECISION

Adjudicator: Esi Codjoe Date: August 15, 2017 Citation: 2017 HRTO 1061 Indexed as: Sauer v. Toronto District School Board

APPEARANCES

Evan Sauer, Applicant No one appearing

Toronto District School Board, Respondent Leola Pon, Counsel

CUPE 4400 Unit D, Intervenor Rebecca Glass, Counsel

Introduction

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on September 7, 2016.

2On May 1, 2017 the Tribunal issued a Notice of Preliminary Hearing to the parties confirming that the preliminary hearing of the Application would take place on August 4, 2017 at 9:30 a.m. by teleconference. The Notice was emailed to the email address that the applicant listed in the Application. It was also mailed to his address at the address provided in the Application and was not returned as undeliverable.

3I am satisfied that the applicant had notice of the hearing.

4The applicant did not attend the scheduled preliminary hearing on August 4, 2017. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

5At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

ORDER

6In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.