Descoteaux v. Hudson Bay Company, 2010 HRTO 2055

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lindsay Descoteaux

Applicant

-and-

The Hudson Bay Company

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: October 7, 2010

Citation: 2010 HRTO 2055

Indexed as: Descoteaux v. Hudson Bay Company

Appearances

Lindsay Descoteaux, Applicant ) No one appearing

The Hudson Bay Company, Respondent ) Lynn Thomson, Counsel

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 respondent filed a Request for an Order During Proceedings (“Request”) asking for an early dismissal of the Application pursuant to section 45.1 of the Code on the basis that another proceeding had appropriately dealt with the substance of the Application.

3In an Interim Decision, 2010 HRTO 638, the Tribunal directed that a half-day hearing be scheduled to consider the Request. I am satisfied that the parties received a copy of the Interim Decision and the Confirmation of Hearing, issued by the Tribunal on July 15, 2010.

4The hearing took place on October 7, 2010. The respondent attended but the applicant failed to attend.

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.