Henderson v. Liu, 2010 HRTO 1167

Human Rights Tribunal of Ontario

BETWEEN:

Beatrice Henderson Applicant

-and-

Yi Liu Respondent

DECISION

Adjudicator: Alison Renton Date: May 25, 2010 Citation: 2010 HRTO 1167 Indexed as: Henderson v. Liu

APPEARANCES BY:

Beatrice Henderson, Applicant ) No one appearing Dr. Yi Liu, Respondent ) Jeffrey Freedlander, Counsel )

1This is an Application filed on April 28, 2009, under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the "Code"). The applicant alleges discrimination in goods, services and facilities on the basis of race, colour, ancestry, ethnic origin, and disability when the respondent failed to accept her as a new patient into her family medical practice.

2A hearing in this matter was scheduled for May 25, 2010, by way of a Confirmation of Hearing Notice ("the Notice") sent by the Tribunal to the parties on February 1, 2010. In it, the parties were advised that the hearing would commence at 9:30 a.m. on May 25, 2010, at 655 Bay Street, 14th Floor, in Toronto. The Notice was sent to the applicant at the address provided on her Application, and was subsequently returned. Tribunal staff communicated with the applicant by email, and attached a copy of the Notice. The applicant responded by email and provided her new address.

3At the time and place set for the commencement of the hearing, the respondent's counsel, the respondent and the respondent's witness were present. The applicant was not present.

4The respondent's counsel advised the Tribunal that the applicant left him a voicemail message and that he contacted her on Monday, May 24, 2010. During their conversation, the applicant told him that she sent an email to the Tribunal on Friday, May 21, 2010, requesting an adjournment because she had dental work performed on Thursday, May 20, 2010, and was unable to attend the scheduled hearing. She did not copy respondent's counsel on the email she said she sent to the Tribunal. Respondent counsel advised the Tribunal that the respondent opposed the adjournment request, which he had communicated to the applicant, and stated that the respondent had to cancel approximately 30 patients to attend the hearing, and the respondent's witness, who is also a doctor, had cancelled her patients too.

5The Tribunal briefly adjourned the hearing to determine if the applicant had communicated with the Tribunal on Friday, May 21, 2010, seeking an adjournment. Tribunal staff advised me that the applicant had not sent in an email requesting an adjournment or otherwise communicated with the Tribunal.

6At 10:10 a.m., the applicant was still not present and had not contacted the Tribunal about her absence. 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.

7In the absence of the applicant attending the hearing or communicating with the Tribunal to explain her absence, the Application was dismissed at the hearing.

8The Application is dismissed.