Carole Bard v. Heenan Blaikie LLP and Jennifer O’Leary, 2010 HRTO 2033

Human Rights Tribunal of Ontario

B E T W E E N:

Carole Bard

Applicant

-and-

Heenan Blaikie LLP and Jennifer O’Leary

Respondents

DECISION

Adjudicator: Michelle Flaherty

Date: October 6, 2010

Citation: 2010 HRTO 2033

Indexed as: Bard v. Heenan Blaikie LLP

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The respondents asked for early dismissal of the Application because they say the applicant signed a full and final release with respect to the subject matter of the Application.

3Following an earlier Interim Decision, 2010 HRTO 1303, the applicant wrote to the Tribunal and the respondents and indicated that she wished to make oral submissions in regards to the respondents’ request for early dismissal.

4The Tribunal scheduled a hearing by way of conference call, which took place on October 5, 2010. Although both parties received notice of the hearing, neither party joined the telephone conference call or participated in the hearing.

5Rule 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.

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. She has not done so.

7I am satisfied the Application may be dismissed as abandoned.