Stevens v. Toronto Police Services, 2017 HRTO 932

Human Rights Tribunal of Ontario

B E T W E E N:

Peter Stevens Applicant

-and-

Toronto Police Service Respondent

DECISION

Adjudicator: David Muir Date: July 24, 2017 Citation: 2017 HRTO 932 Indexed as: Stevens v. Toronto Police Services

APPEARANCES BY

Peter Stevens, Applicant ) No one appearing

Toronto Police Service Respondent ) Phillip Chan, Counsel

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

2In a Case Assessment Direction issued on February 10, 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 23, 2017 the Tribunal issued a Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on July 19, 2017 commencing at 9:30 a.m. by telephone conference call.

4The Notice was sent by regular mail and was not returned to the Tribunal.

5There is no indication that the Notices of Summary Hearing was not received and I am satisfied that the applicant had notice of the hearing.

6The 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.

7At 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.

8In the circumstances, the Application was dismissed at the hearing on the basis that the applicant was deemed to have abandoned the Application.