J.H. v. Lambton Kent District School Board, 2010 HRTO 1201

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

J.H. by his litigation guardian, Susan Ward

Applicant

-and-

Lambton Kent District School Board

Respondent

DECISION

Adjudicator: David Shannon

Date: May 28, 2010

Citation: 2010 HRTO 1201

Indexed as: J.H v. Lambton Kent District School Board

APPEARANCES BY

J.H. by his litigation guardian, Susan Ward, ) No one appeared for Applicant ) applicant

Lambton Kent District School Board, Respondent ) Aida Gatfield, Counsel

Decision

1This is an Application filed under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2A Hearing was scheduled for May 26, 2010. The Tribunal sent the parties a Notice of Hearing advising of the date, time and location of the Hearing. The Notice was sent to the applicant at the address provided to the Tribunal and was not returned.

3The respondent attended the Hearing and was prepared to proceed. The applicant did not appear. At 9:43 a.m., I attended the hotel lobby where the Hearing was being held to confirm that the applicant had not telephoned to explain her absence. She had not called.

4At 9:45 a.m., the Hearing commenced. Respondent's counsel brought a motion to dismiss this Application as deemed abandoned. She completed her arguments at 9:56 a.m. The applicant still had not arrived.

5In all these circumstances, and after considering the respondent's submissions, I dismiss the Application.