HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Miklos Popovics Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General Respondent
DECISION
Adjudicator: Yasmeena Mohamed Date: October 17, 2017 Citation: 2017 HRTO 1367 Indexed as: Popovics v. Ontario (Attorney General)
APPEARANCES
Miklos Popovics, Applicant No-one appearing
Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General, Respondent Kisha Chatterjee, Counsel
Her Majesty the Queen in Right of Ontario as represented by the Community Safety and Correctional Services, Proposed Respondent Indira Sawh, Counsel
Toronto Police Services Board, Proposed Respondent Antonella Ceddia, Counsel
Chief of Police, Toronto Police Service, Proposed Respondent Antonella Ceddia, Counsel
1The applicant filed an Application alleging discrimination contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended.
2On June 26, 2017, the Tribunal issued a Notice of Rescheduled Preliminary/Summary Hearing (“Notice”) to the parties confirming that a preliminary/summary hearing of the Application was scheduled to take place by teleconference on October 6, 2017, at 9:30 a.m.
3The Notice was delivered by email and mail to the last mailing and e-mail address provided by the applicant and was not returned as undeliverable. In these circumstances, I am satisfied that the applicant had notice of the preliminary/summary hearing.
4The preliminary/summary hearing was convened by teleconference on the scheduled date and time. The applicant did not call into the preliminary/summary hearing at 9:30 a.m. In accordance with its usual practice, the Tribunal waited until 10.00 a.m. before proceeding.
5At 10.00 a.m., the applicant had still not called into the preliminary/summary hearing, nor had he communicated with the Tribunal to advise that he was unable to take part in the preliminary/summary hearing.
6The respondent and proposed respondents submitted that the Application should be dismissed as abandoned on the following bases: the applicant failed to provide prior notice of his intended absence from the hearing, there are no exceptional circumstances justifying the continuation of the Application, and the respondent and proposed respondents incurred unnecessary costs in preparing for and attending the hearing.
ORDER
7In the absence of the applicant or any explanation for his failure to attend the summary hearing, I dismissed the Application orally at the preliminary/summary hearing.
8This Decision confirms that the Application is dismissed as abandoned.
Dated at Toronto, this 17th day of October, 2017.
“Signed by”
_________________________________________ Yasmeena Mohamed Vice-chair