Mamadou Traore v. Resolve Recruit Inc., 2017 HRTO 1288

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mamadou Traore Applicant

-and-

Resolve Recruit Inc., Mevotech LP, Toby Gennings and Sendor Szell Respondents

DECISION

Adjudicator: David Muir Date: September 29, 2017 Citation: 2017 HRTO 1288 Indexed as: Traore v. Resolve Recruit Inc.

APPEARANCES

Mamadou Traore, Applicant No-one appearing

Resolve Recruit Inc., Respondent Neal Ornstein, Counsel

Mevotech LP, Toby Gennings and Sendor Szell, Respondents Paul Macchione, Counsel

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleged discrimination in employment on the basis of sexual solicitation or advances and sexual orientation.

2In a Case Assessment Direction issued on June 19, 2017 the Tribunal directed that a summary hearing be held determine whether this Application should be dismissed, in whole or in part, because it had no reasonable prospect of success.

3On August 10, 2017 the Tribunal issued a Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on September 28, 2017 commencing at 9:30 a.m. by telephone conference call.

4The Notice was sent be regular mail and email. There is no indication that it was not received by any party. On September 1, 2017 the applicant confirmed that the addresses on file were correct.

5There is no indication that the Notices of Summary Hearing was not received and I am satisfied that the applicant had notice of the hearing.

6The applicant was not on the conference call at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

7At 10:00 a.m. the applicant was not on the conference call nor had the applicant communicated with the Tribunal to explain the failure to attend.

8In the circumstances, the Application was dismissed at the hearing on the basis that the applicant was deemed to have abandoned the Application.