Human Rights Tribunal of Ontario

B E T W E E N:

Carolyn Fisher

Applicant

-and-

York University

Respondent

DECISION

Adjudicator: David Muir Date: November 12, 2009 Citation: 2009 HRTO 1926 Indexed as: Fisher v. York University

AppearanceS BY

Carolyn Fisher, Applicant ) No one appearing
York University, Respondent ) Joanna S. Rainbow,
) Representative )

Decision

1This is an Application filed on February 18, 2009 pursuant to section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The Notice of Hearing ("Notice") was sent to the parties on July 21, 2009. In the Notice, the parties were advised that the hearing would commence at 9:30 a.m. on November 6, 2009 in Toronto. A subsequent request to conduct the hearing by telephone was denied in 2009 HRTO 1428 on September 9, 2009.

3At the time and place set for the hearing, a representative of the respondent was present. The applicant was not. In accordance with the Tribunal's practice, the hearing was adjourned for 30 minutes. At 10:00 a.m., I reconvened the hearing. The applicant was not in attendance and the hearing proceeded in her absence.

4There was no indication that the applicant would not be attending the hearing. There is no indication that the applicant had not received the Notice. I am satisfied that the applicant has received timely and proper Notice of the Hearing.

5In the absence of the applicant or any explanation regarding her not being present, I dismissed the Application at the Hearing.

ORDER

6The Application is dismissed.