Doucette v. Claybrooke, 2009 HRTO 1001

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rachel Doucette

Applicant

-and-

Claybrooke Inc., Claybrooke Marketing Inc. and Patrick Sharp

Respondents

decision

Adjudicator: Sheri D. Price

Date: July 9, 2009

Citation: 2009 HRTO 1001

Indexed as: Doucette v. Claybrooke

AppearanceS BY

Rachel Doucette, Applicant ) No one appearing

Claybrooke Inc., Respondent ) Ian Harvey, Representative

Patrick Sharp, Respondent ) On his own behalf

Claybrooke Marketing Inc., Respondent ) No one appearing

1This is an Application filed on November 14, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2A hearing in this matter was held in Toronto on July 8, 2009.

3The Confirmation of Hearing was sent to the parties on April 15, 2009. In it, the parties were advised that the hearing would commence at 9:30 a.m. on July 8, 2009 at 655 Bay Street, 14^th Floor, in Toronto. The Notice was sent to the applicant at the address provided by the applicant in her Application and was not returned.

4In addition, Case Assessment Directions regarding this Application were issued on May 5, June 9, June 29, and July 7, 2009, all of which referred to the fact that the hearing in this matter was scheduled to commence on July 8, 2009 and all of which were delivered to the applicant at an email address for her provided in the Application.

5On July 7, 2009, the applicant appears to have sent an email from the email address for her provided in the Application to the representative for Claybrooke Inc. regarding some of the emails he had sent to her in respect of the Application. That email from the applicant was forwarded to the Tribunal by Claybrooke Inc.’s representative.

6At the time and place set for the commencement of the hearing, a representative of the corporate respondent, Claybrooke Inc., and the personal respondent, Patrick Sharp, were present. The applicant was not present.

7I advised those present that the hearing would commence at 10:00 a.m. or when the applicant arrived, whichever occurred first. At 10:00 a.m., the applicant was still not present.

8There was no indication prior to the hearing that the applicant would not be attending the hearing. There is no indication that the applicant had not received notice of the hearing. I am satisfied that the applicant received timely and proper notice of the hearing.

9In the absence of the applicant or any explanation for her failure to attend the hearing, I dismissed the Application at the hearing.

ORDER

10The Application is dismissed.