HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jonathan Marion
Applicant
-and-
Workplace Safety and Insurance Board
Respondent
DECISION
Adjudicator: Bruce Best
Indexed as: Marion v Workplace Safety and Insurance Board
1On June 29, 2017, the Tribunal issued a Case Assessment Direction (“CAD”) in this Application, directing a summary hearing under Rule 19A of the Tribunal’s Rules of Procedure. A Notice of Summary Hearing was sent to the parties on July 13, 2017 indicating that the summary hearing would take place by teleconference at 1:30 p.m. on Thursday, October 5, 2017, and provided the information necessary to connect to the call. The Notice was delivered by email and regular mail to the last address provided by the applicant, and was not returned as undeliverable.
2The Notice included the following warning:
FAILURE TO ATTEND THE HEARING
If you do not attend the hearing after receiving proper notice, the HRTO may proceed in your absence (if you are a respondent or intervener) or dismiss the Application as abandoned (if you are the applicant).
3I am satisfied that the applicant received notice of the hearing.
4Counsel for the respondent called in at the time specified in the Notice. The applicant, however, did not call in. In accordance with the Tribunal’s usual practice, I waited 30 minutes before proceeding.
5At 2:00 p.m., the applicant had still not called in to the hearing, nor had he communicated with the Tribunal to explain his failure to attend.
6In the circumstances, I deem the Application to be abandoned, and it is dismissed.
Dated at Toronto, this 10th day of October, 2017.
“Signed by”
Bruce Best
Vice-chair