Manish Jain v. Canadian Tire Corporation Limited, 2017 HRTO 1602

Human Rights Tribunal of Ontario

B E T W E E N:

Manish Jain Applicant

-and-

Canadian Tire Corporation Limited and H.A. Robbins Automotive Industries Inc. Respondents

DECISION

Adjudicator: Eban Bayefsky Date: December 1, 2017 Citation: 2017 HRTO 1602 Indexed as: Jain v. Canadian Tire Corporation Limited

APPEARANCES

Manish Jain, Applicant No one appearing

Canadian Tire Corporation Limited, Respondent Laura Karabulut, Counsel

H.A. Robbins Automotive Industries Inc., Respondent Tom Arndt, Counsel, and Emily Dubis, Student-at-law

Introduction

1The applicant alleged that the respondents discriminated and reprised against him contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended ("the Code").

2On September 7, 2017, the Tribunal issued a Case Assessment Direction indicating that it had decided to hold a summary hearing to determine whether the Application should be dismissed on the basis that there is no reasonable prospect of success under the Code.

3The summary hearing took place on November 29, 2017, by teleconference. Both respondents participated. The applicant did not participate, either at the commencement of the call or upon reconvening the call after waiting the customary 30 minutes.

4I heard submissions from the respondents as to how the matter should proceed in light of the applicant's absence. Both counsel submitted that the Application should be dismissed.

5As stated in the Tribunal's Practice Direction on Summary Hearing Requests, "if the applicant does not attend the summary hearing, the Application will usually be dismissed as abandoned." I was satisfied that the applicant had received notice of the summary hearing. The applicant had not contacted or otherwise notified the Tribunal that he would be unable to participate in the summary hearing, either prior to the conference call or once it began.

6On hearing the parties' submissions, and in all of the circumstances, I dismissed the Application.

Order

7The Application is dismissed as abandoned.