Kuligowska v. Lee, 2009 HRTO 1969

Human Rights Tribunal of Ontario

B E T W E E N:

Anna Kuligowska Applicant

-and-

Daniel Lee Respondent

DECISION

Adjudicator: Jay Sengupta Date: November 19, 2009 Citation: 2009 HRTO 1969 Indexed as: Kuligowska v. Lee

1This is an Application filed January 19, 2009, alleging discrimination in employment on the grounds of sex and record of offences, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”).

2A preliminary hearing in this matter was held in Toronto on November 2, 2009, pursuant to an earlier Interim Decision of the Tribunal, 2009 HRTO 835. The purpose of the hearing was to consider the submissions of the parties on the issues of early dismissal pursuant to section 45.1 and whether the applicant could rely on “record of offences” as a ground of discrimination.

3The Confirmation of Hearing was sent to the parties on July 29, 2009. In it, the parties were advised that the hearing would commence at 9:30 a.m. on November 2, 2009 at 655 Bay Street, 14^th Floor, in Toronto. The Notice was sent to the applicant at the address provided by her in her Application and was not returned.

4At the time and place set for the commencement of the hearing, the respondent was present; the applicant was not. I advised the respondent 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.

5There was no indication prior to the hearing that the applicant would not be attending the hearing. There is no indication that the applicant did not receive notice of the hearing. I am satisfied that the applicant received timely and proper notice of the hearing.

6In the absence of the applicant or any explanation for her failure to attend the hearing, I dismissed the Application at the hearing as abandoned.

ORDER

7For the reasons stated above, the Application is dismissed.