McCombs v. Osprey Media Group, 2009 HRTO 669

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karen McCombs

Applicant

-and-

Osprey Media Group, Jenni MacLean and Regina Paczkowski

Respondents

AND B E T W E E N:

Deborah Palermo

Applicant

-and-

Osprey Media Group, Jenni MacLean and Regina Paczkowski

Respondents

case Resolution Conference DECISION

Adjudicator: Ailsa Jane Wiggins

Date: May 21, 2009

Citation: 2009 HRTO 669

Indexed as: McCombs v. Osprey Media Group

AppearanceS BY

Karen McCombs and ) No one appeared

Deborah Palermo, ) for the Applicants

Applicants )

Osprey Media Group, ) Geoffrey R. Ryans,

Jenni MacLean and Regina Paczkowski, ) Counsel

Respondents )

Introduction

1This Decision deals with two Applications filed on August 22, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). As the two Applications involve similar facts and raise similar legal issues the Tribunal ordered that they should proceed together (McCombs v. Osprey Media Group 2009 HRTO 248.

2By notice from the Tribunal dated January 22, 2009, a Case Resolution Conference (CRC) was scheduled for May 19 and 20, 2009.

3The applicants wrote to the Registrar-Transition on May 4, 2009 requesting an adjournment. In an Interim Decision dated May 8, 2009, the Tribunal denied their request (McCombs v. Osprey Media Group 2009 HRTO 597. The applicants were provided with a copy of the Interim Decision. Following their receipt of the Interim Decision the applicants sent two e-mails to the Tribunal, which the Tribunal copied to the other parties, regarding their request for an adjournment. On May 14, 2009, the applicants sent a third e-mail to the Tribunal and counsel for the respondents regarding their request for an adjournment.

4On May 14, 2009, counsel for the respondents, believing that the applicants did not intend to attend the CRC, wrote to the Tribunal seeking dismissal of the Applications without a hearing. The Tribunal sent a letter to the parties dated May 15, 2009 acknowledging receipt of the respondents’ May 14, 2009 letter and stating that the CRC hearing would proceed as scheduled on May 19 and 20, 2009.

5At 9:30 a.m. on May 19, 2009, the respondents, their counsel and witnesses appeared at 180 Dundas Street West, 22nd floor for the CRC. The applicants did not appear.

6I advised the respondents that we would wait for up to thirty minutes for the applicants. The applicants still did not appear. I commenced the CRC shortly after 10:00 a.m. in the absence of the applicants. The respondents requested that I dismiss the Applications.

7I am satisfied that the applicants had notice and were aware that the CRC was proceeding on May 19, 2009. In the absence of the applicants or any satisfactory explanation regarding their failure to attend the CRC, I dismissed the Applications.