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Human rights application dismissed as abandoned after applicant failed to attend the preliminary hearing.
The applicant filed an application under section 34 of the Human Rights Code.
The respondent requested an early dismissal under section 45.1, arguing another proceeding had dealt with the substance of the application.
A hearing was scheduled to consider the request, but the applicant failed to attend.
Pursuant to Rule 3.13 of the Tribunal's Rules of Procedure, the Tribunal dismissed the application as abandoned.
Human rights complaint dismissed due to complainant's disruptive conduct; Commission ordered to pay solicitor-client costs.
The complainant alleged racial discrimination in employment against the East York Board of Education and individual respondents.
During the hearing, the complainant engaged in disruptive conduct and refused to provide an undertaking to the Board of Inquiry that he would answer questions directly and cease making derogatory comments.
Consequently, the Board ruled that the hearing could not proceed in an orderly manner and dismissed the complaint for lack of evidence.
The respondents then sought costs under s. 40(6) of the Human Rights Code.
The Board found that the respondents suffered undue hardship and ordered the Ontario Human Rights Commission to pay solicitor-client costs of $108,230.42, plus $10,027.60 for time spent by one of the respondents preparing for the hearing.
