Meagan Hutt v. Charles Tillaart, 2010 HRTO 1355

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Meagan Hutt

Applicant

-and-

Charles Tillaart

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: June 15, 2010

Citation: 2010 HRTO 1355

Indexed as: Hutt v. Tillaart

1This Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), raises allegations that the respondent discriminated against the applicant in the context of housing on the basis of receipt of public assistance. The respondent filed a Response in which he denies the allegations.

2A hearing was scheduled to take place in Ottawa on June 14, 2010. The date, time, and place for the hearing was set out in the Confirmation of Hearing Notice (“Notice”) sent to the parties on February 12, 2010. Copies of the Notice sent to the parties were not returned to the Tribunal.

3Although the parties appear to have received timely and proper notice of the hearing, they failed to attend.

DECISION

4Rule 3.13 of the Tribunal’s Rules of Procedure states:

Where a party has been notified of a hearing and fails to attend, the Tribunal may:

a) proceed in the party’s absence;

b) determine that the party is not entitled to further notice of the proceedings;

c) determine that the party is not entitled to present evidence or make submissions to the Tribunal;

d) decide the Application based solely on the materials before it;

e) take any other action it considers appropriate.

5The applicant commenced a legal proceeding when she filed her Application with the Tribunal. It is the applicant’s responsibility to participate in this proceeding by taking the necessary steps to pursue it, including attending the hearing scheduled to consider the allegations raised in the Application. The onus lies on the applicant to establish the elements of her claim for discrimination at the hearing. She has not done so.

6I am satisfied the Application may be dismissed as abandoned.