HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Le Thi Le
Applicant
-and-
PL Foods Ltd.
Respondent
DECISION
Adjudicator: Eric Whist
Date: January 26, 2010
Citation: 2010 HRTO 182
Indexed as: Le v. PL Foods
APPEARANCES
Le Thi Le ) No one appearing
PL Foods Ltd. )
Respondent ) Cynthia Kontra, counsel
[1] The applicant filed her Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on March 23, 2009.
[2] The Tribunal sent the applicant a Confirmation of Hearing Notice by regular mail. The Notice informed all parties that the Tribunal had scheduled a hearing of the Application on January 25, 2010 at 655 Bay Street, 14th Floor, Toronto, Ontario, commencing at 9:30 AM.
[3] On the date set for the hearing the respondent and its representative appeared before the Tribunal. The applicant did not appear. I invited submissions from the respondent’s representative on how I should deal with the applicant’s failure to appear. The respondent’s representative requested that the Tribunal dismiss the Application.
[4] It is now 10:09 AM. The respondent’s representatives are in attendance. The applicant has not appeared and has not contacted the Tribunal to ask for an adjournment of today’s hearing.
[5] I am satisfied that the applicant has abandoned her Application and accordingly her Application is dismissed. The following are my reasons.
[6] The Tribunal mailed a number of documents (including the Confirmation of Hearing Notice) to the applicant at the address she provided to the Tribunal. None of these documents has been returned and the Tribunal has received no notification from the applicant of any change of address. I am satisfied that the applicant has received notice of her hearing.
[7] The applicant has not disclosed any documents or information about her intended witnesses as required under Rules # 16 and #17 of the Tribunal’s Rules of Procedure. I take this to be further evidence of the applicant having chosen to abandon her Application.
[8] Rule 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.