Jessica Poxon v. Wadih Raffoul Ltd. and Wadih Raffoul, 2010 HRTO 1887

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jessica Poxon

Applicant

-and-

Wadih Raffoul Ltd. and Wadih Raffoul

Respondents

DECISION

Adjudicator: Judith Keene

Date: September 16, 2010

Citation: 2010 HRTO 1887

Indexed as: Poxon v. Wadih Raffoul

APPEARANCES

Jessica Poxon, Applicant ) No one appearing

Wadih Raffoul Ltd. and Wadih Raffoul ) Wadih Raffoul Respondents )

1This is an Application filed on June 3, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application alleges discrimination in respect of employment on the basis of sex. The respondents deny the allegations.

2A hearing in this matter was scheduled for September 13, 2010. The Tribunal sent the applicant’s counsel a Confirmation of Hearing notice by regular mail on March 1, 2010. The notice informed all parties that the Tribunal had scheduled a hearing of the Application on September 13, 2010 at 655 Bay Street, Toronto, commencing at 9:30 a.m. It was not returned as undeliverable. The Tribunal received further correspondence from the applicant’s counsel concerning the hearing, dated April 26, 2010, and apparently copied to the applicant. The Tribunal received further correspondence, dated August 16, 2010, from the applicant’s counsel. This letter, apparently copied to the applicant, indicated that her counsel’s firm no longer acted for the applicant.

3I am satisfied that the applicant had proper notice of the hearing.

4The personal respondent attended the hearing at the date, time, and place that was set out in the Confirmation of Hearing notice. The applicant did not appear. I delayed the commencement of the hearing, and a member of the Tribunal’s staff called the applicant’s telephone number and left a message concerning the hearing. The applicant did not attend, and did not contact the Tribunal.

5At the hearing, I invited submissions from the respondent on how I should deal with the applicant’s failure to appear. The respondent requested that the Tribunal dismiss the Application.

DECISION

6The 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. Filing an application engages the use of the Tribunal’s administrative, mediation and adjudicative resources in the processing of the matter. Filing an application also results in a respondent having to invest resources and time to respond to the application and prepare for a hearing. For these reasons, an application must be treated seriously.

7In the absence of any correspondence or communication from the applicant to explain her failure to appear at the hearing, and as a result of her failure to appear and provide any evidence in support of her allegations, the Application is dismissed.