[1]           The applicant filed an Application alleging that the respondents violated the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

[2]           On January 3, 2020, the Tribunal issued a Notice of Rescheduled Summary/Preliminary Hearing (the “Notice”) to the parties confirming that a combined preliminary and summary hearing would take place on May 26, 2020, commencing at 1:30 p.m. E.S.T. The Notice contained all details necessary to dial into the hearing by telephone. The Notice advised the applicant that the Tribunal might consider a failure to attend the hearing as an abandonment of the Application and that the Tribunal might dismiss the Application for that reason.

[3]           The Tribunal sent the Notice to the applicant by mail to the address provided by the applicant in the Application. Also, the Tribunal sent the Notice to the applicant’s representative, Christiane Lopez, by e-mail to the address that has routinely been used by the applicant’s representative in communicating with the Tribunal. Further, in the early evening of May 25, 2020, the applicant’s representative sent an e-mail message to the Tribunal “related to a hearing for tomorrow, May 26, 2020”. Therefore, the Tribunal is satisfied that the applicant had notice of the hearing.

[4]           In the above-mentioned e-mail of May 25, 2020 (and in an attached letter), the applicant’s representative indicated “that for extenuating circumstances, I will not be able to attend tomorrow”. The Tribunal interpreted the e-mail as a request for adjournment. While that e-mail, and a second e-mail from a medical practitioner, hinted at a medical reason, insufficient detail was provided so as to inform the Tribunal of the precise nature of the purported extenuating circumstances.

[5]           On the morning of May 26, 2020, counsel for the respondents, Ms. Simone Ostrowski, indicated by e-mail that the respondents opposed any adjournment.

[6]           Further, on the morning of May 26, 2020, the Tribunal sent an e-mail to the parties, which stated, in part, the following:

[7]           When the hearing commenced at the scheduled time, the applicant was not in attendance. In accordance with its usual practice, the Tribunal waited 30 minutes before proceeding. During that time, Registry officials sent reminders to the applicant by both e-mail and voicemail.

[8]           At 2:00 p.m., the applicant still was not in attendance and he had not communicated with the Tribunal to explain his failure to attend.

[9]           The Tribunal requested submissions from counsel for the respondents in relation to the applicant’s failure to attend the hearing. Counsel requested that the Tribunal dismiss the Application as abandoned.

[10]        At the hearing, the Tribunal granted counsel’s request. The Tribunal deemed the applicant to have abandoned the Application and dismissed it on that basis.

[11]        The Application is dismissed.