Paul Rooney v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care, 2017 HRTO 980

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paul Rooney Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care Respondent

DECISION

Adjudicator: David Muir Date: August 1, 2017 Citation: 2017 HRTO 980 Indexed as: Rooney v. Ontario (Health and Long-Term Care)

APPEARANCES

Paul Rooney, Applicant No one appearing

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Health and Long-Term Care, Respondent Marcus Mazzucco, 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 March 27, 2017 the Tribunal directed that a summary hearing be held to determine whether this Application should be dismissed, in whole or in part, because it had no reasonable prospect of success.

3On May 16, 2017 the Tribunal issued a Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on July 25, 2017 commencing at 9:30 a.m. by telephone conference call.

4The Notice was sent by email and regular mail.

5There is no indication that the Notice 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 call nor had the applicant 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.