Human Rights Tribunal of Ontario
B E T W E E N:
Colin Barnard Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services and Patti Redmond Respondents
DECISION
Adjudicator: Josée Bouchard Date: November 30, 2017 Citation: 2017 HRTO 1590 Indexed as: Barnard v. Ontario (Community and Social Services)
Introduction
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on February 15, 2017.
2On August 25, 2017, the Tribunal issued a Notice of Summary Hearing (“Notice”) to the parties confirming that the hearing of the Application would take place by conference call on November 24, 2017 commencing at 1:30 p.m. The Notice was delivered to the applicant at the last address and email address provided by the applicant to the Tribunal and was not returned as undeliverable.
3On November 9, 2017, the applicant filed a request to adjourn the summary hearing to allow him to obtain legal representation, to gather further documentation and to allow the Tribunal to re-evaluate his right to a merits Tribunal hearing.
4On November 15, 2017, the Tribunal issued Interim Decision 2017 HRTO 1495 denying the request to adjourn. The Interim Decision was delivered to the applicant at the last address and email address provided by the applicant to the Tribunal and was not returned as undeliverable.
5The applicant was not in attendance at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding.
6At 2:00 p.m. the applicant was not in attendance.
7I was satisfied that the applicant had received the Notice of the Summary Hearing and Interim Decision 2017 HRTO 1495.
8In the circumstances, the Application was dismissed as abandoned.
9I note that I have been made aware that the applicant corresponded with a Tribunal employee after the issuance of the Interim Decision, with copy to the Tribunal and other individuals who are not parties to the proceeding. The communication failed to comply with Rule 1.12 of the Rules of Procedure, which states “All written communications with the Tribunal, including e-mail correspondence, must be addressed to the Registrar, with a copy delivered to all other parties”. The Tribunal had informed the parties of Rule 1.12 in prior correspondence to them. As a result, the applicant’s communication did not form part of the Tribunal’s record and was not considered in making this decision.
Order
10The Application is dismissed.
Dated at Toronto, this 30th day of November, 2017.
“Signed by”
Josée Bouchard Vice-chair