Human Rights Tribunal of Ontario
B E T W E E N:
Teresa Webb
Applicant
-and-
Rusco Manufacturing Inc. and John Marchand
Respondents
DECISION
Adjudicator: Faisal Bhabha
Indexed as: Webb v. Rusco Manufacturing
1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on April 15, 2009 alleging discrimination in employment on the basis of family status. The respondents filed a Response, dated August 21, 2009, denying the allegations. The applicant did not file a Reply.
2The Tribunal sent the parties a Confirmation of Hearing notice by regular mail on March 4, 2010. The respondents attended the hearing at the date, time, and place that was set out in the Confirmation of Hearing notice. The applicant failed to attend.
3By way of email correspondence sent to the Registrar the night before the scheduled hearing, the applicant advised that she was not prepared to proceed with her case and asked that the Application be withdrawn.
4The applicant’s email of July 21, 2010 had not yet come to my attention when I convened the hearing. After waiting 30 minutes, I determined that the applicant had failed to appear. I heard submissions from the respondents in support of a request to dismiss the Application as abandoned, and granted the request orally.
5Upon review of the applicant’s email, it is clear that she has indeed abandoned the Application. Accordingly, it is dismissed.
Dated at Toronto, this 23rd day of July, 2010.
“Signed by”
Faisal Bhabha
Vice-chair