Pressello v. St. Vincent Place, 2017 HRTO 1345

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Thomas Pressello

Applicant

-and-

St. Vincent Place, Larry McNally and Nat Cicchelli

Respondents

DECISION

Adjudicator: Jacek Janczur

Date: October 12, 2017

Citation: 2017 HRTO 1345

Indexed as: Pressello v. St. Vincent Place

Introduction

1This is an Application filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), in which the applicant alleges that the respondents infringed his rights under the Code.

2In a Case Assessment Direction (“CAD”) dated June 29, 2017, the Tribunal directed 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. The CAD from 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 July 21, 2017, advising that the summary hearing would commence at 1:30 p.m. on October, 10 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. The representative of the respondents 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 am satisfied that the applicant received notice of the summary hearing. The applicant did not contact the Tribunal nor the respondent to advise 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.