Phyllis Wright v. Royal Taxi Inc. et al., 2009 HRTO 442

Human Rights Tribunal of Ontario

B E T W E E N:

Phyllis Wright Applicant

-and-

Royal Taxi Inc., Dennis Marinos, John Sykes, and Andreas Lefkimmiatis Respondents

Case Resolution Conference Decision

Adjudicator: Keith Brennenstuhl Date: April 15, 2009 Citation: 2009 HRTO 442 Indexed as: Wright v. Royal Taxi

Decision

1This is an Application filed October 30, 2008 under section 53(3) of the Human Rights Code, R.S.O, 1990, c. H.19, as amended, (the “Code”). The underlying human rights complaint was filed with the Ontario Human Rights Commission on March 2, 2006 and abandoned upon the filing of this Application with the Tribunal.

2The Case Resolution Conference was held in Toronto on April 15, 2009. The Notice of Case Resolution Conference was sent to the parties on February 12, 2009. In it the parties were advised that the Case Resolution conference would commence at 9:30 a.m. on April 15, 2009 at 180 Dundas Street West, 22nd Floor in Toronto.

3With the exception of the personal respondent, Andreas Lefkimmiatis, the respondents appeared at the Case Resolution Conference together with their counsel and their witnesses. The applicant did not appear at the Case Resolution Conference.

4At 10:20 a.m., I commenced the Case Resolution Conference. Respondents’ counsel requested that I dismiss the Application.

5I am satisfied the applicant received the Notice of Case Resolution Conference from the Tribunal. The Notice was sent to the address provided in her Application and was not returned. In a letter to the Registrar dated February 20, 2009, the applicant acknowledged receipt of the Notice.

6I am satisfied that the applicant’s failure to appear at the Case Resolution Conference is an indication that that she no longer wishes to pursue this Application.

7In these circumstances, and having considered the submissions of respondents’ counsel, I dismiss the Application.