Elizabeth Beals v. Sutherland Global Services ULC, 2009 HRTO 2141

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Elizabeth Beals

Applicant

-and-

Sutherland Global Services ULC

Respondent

DECISION

Adjudicator: Sherry Liang

Date: December 9, 2009

Citation: 2009 HRTO 2141

Indexed as: Beals v. Sutherland Global Services ULC

APPEARANCES

Elizabeth Beals, Applicant ) No one appearing

Sutherland Global Services ULC, Respondent ) Michael S. Richards, Counsel

1This is an Application filed on March 2, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2A hearing was scheduled for December 7, 2009, starting at 10:00 a.m. in Windsor, Ontario. The applicant did not appear. The Tribunal waited for a half-hour and dismissed the Application. The following are the Tribunal’s reasons.

3I am satisfied that the applicant received notice of the hearing. The Tribunal’s Confirmation of Hearing Notice of August 6, 2009, was sent to the address provided by the applicant and was not returned. The Tribunal has sent other correspondence to the applicant at the same address, none of which was returned, including a Case Assessment Direction in this matter dated November 23, 2009.

4The Tribunal received no request to adjourn the hearing.

5A Tribunal application is a legal proceeding commenced by the applicant. It is the applicant’s responsibility to attend the hearing and provide evidence in support of the allegations in the Application. In the absence of such evidence, the Tribunal is unable to proceed with the Application.

6In the absence of any correspondence or communication from the applicant to explain her failure to appear at the hearing and as a result of her failure to appear and provide any evidence in support of the allegations, the Application is dismissed.