Jamie McGhie v. Corrine’s Top to Bottom Cleaning Services Ltd., 2017 HRTO 900

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jamie McGhie

Applicant

-and-

Corrine’s Top to Bottom Cleaning Services Ltd.

Respondent

DECISION

Adjudicator: David Muir Date: July 19, 2017 Citation: 2017 HRTO 900 Indexed as: McGhie v. Corrine’s Top to Bottom Cleaning Services Ltd.

APPEARANCES

Jamie McGhie, Applicant

No one appearing

Corrine’s Top to Bottom Cleaning Services Ltd., Respondent

Corrine Wincikaby, Representative

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleged discrimination in employment on the basis of record of offences and disability.

2In a Case Assessment Direction issued on February 7, 2017 the Tribunal directed that a summary hearing be held determine whether this Application should be dismissed, in whole or in part, because it had no reasonable prospect of success.

3On May 5, 2017 the Tribunal issued a Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on July 14, 2017 commencing at 9:30 a.m. by telephone conference call.

4An Amended Notice of Summary Hearing was sent to the parties confirming the same information as the May 5, 2017 Notice of Summary Hearing.

5These Notices were sent by email and regular mail.

6There is no indication that the Notices of Summary Hearing was not received and I am satisfied that the applicant had notice of the hearing.

7The applicant was not on the conference call at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

8At 10:00 a.m. the applicant was not on the conference nor had the applicant had not communicated with the Tribunal to explain the failure to attend.

9In the circumstances, the Application was dismissed at the hearing on the basis that the applicant was deemed to have abandoned the Application.