HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jean Wong

Applicant

-and-

G.H. Imported Merchandise & Sales Limited c.o.b. as Ash City

Respondent

DECISION

Adjudicator: Mary Truemner

Date: June 18, 2009

Citation: 2009 HRTO 883

Indexed as: Wong v. G.H. Imported Merchandise & Sales

APPEARANCES

Jean Wong, Applicant ) No one appearing

G.H. Imported Merchandise & Sales ) Hugh A. Christie, Counsel

Limited c.o.b. as Ash City, Respondent )

Decision

1Ms Wong filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on September 17, 2008.

2A hearing was scheduled to begin on June 17, 2009, at 9:30 a.m. On the morning of the hearing, the applicant's counsel, Allan M. Kaufman, sent a letter to the Tribunal, advising that the applicant was withdrawing her Application. Counsel also advised that neither he nor the applicant would be attending the hearing.

3He sent the letter too late for the Tribunal to determine whether an adjournment of the hearing was appropriate, and too late to contact the respondent. At the time scheduled for the commencement of the hearing, the respondent was present with counsel. The applicant and her counsel were not. The respondent's counsel advised that he had not yet seen the withdrawal letter. I adjourned to allow the respondent time to consider its position. Ultimately the respondent consented to the withdrawal.

4Counsel for the applicant is reminded that once a hearing is scheduled, the expectation of the Tribunal and all parties is that it will proceed unless the Tribunal directs that it be adjourned. It is not up to parties to determine unilaterally, at the eleventh hour, that there is no need for them to attend.

5Further, Rule 10 of the Tribunal's Rules of Procedure provides a process for seeking leave of the Tribunal to withdraw an Application, which was not followed in this case.

6In the circumstances, given the consent of the respondent, the Tribunal waives strict compliance with Rule 10. The Application is withdrawn with leave of the Tribunal.