Starleeta Brown v. Domenic Commisso, Louise King and Simona Dinu, 2010 HRTO 2292

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Starleeta Brown

Applicant

-and-

Domenic Commisso, Louise King and Simona Dinu

Respondents

DECISION

Adjudicator: Alison Renton

Date: November 18, 2010

Citation: 2010 HRTO 2292

Indexed as: Brown v. Commisso

APPEARANCES BY

Starleeta Brown, Applicant ) No one appearing

Domenic Commisso, Respondent ) Self-represented

Louise King, Respondent ) No one appearing

Simona Dinu, Respondent ) Self-represented

Reasons for Decision

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on September 23, 2009, alleging discrimination in employment on the grounds of race, colour and sex (including pregnancy).

2A Confirmation of Hearing Notice, dated July 15, 2010, was issued to the parties by the Tribunal. In this Notice, the parties were advised that the hearing was scheduled for November 17, 2010, at 655 Bay Street, 14th Floor, Toronto, commencing at 9:30 a.m. This Vice-chair was assigned to conduct the hearing.

3On November 10, 2010, the Tribunal issued a Case Assessment Direction ("CAD") confirming the hearing was scheduled for November 17 and directing the parties to send to each other and file with the Tribunal copies of documentation upon which they would be relying and witness statements. Subsequent to the issuance of the CAD, none of the parties sent material to the Tribunal.

4At the time and place set for the commencement of the hearing, the respondents Mr. Commisso and Ms. Dinu attended along with a number of their witnesses. The applicant did not attend.

5In accordance with the Tribunal's practice, the hearing was adjourned for 30 minutes until 10:00 a.m. When the hearing resumed at 10:09 a.m., the applicant still had not appeared. The Tribunal ruled orally that the Application would be dismissed with a written decision to follow.

DECISION

6Rule 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.

7The applicant commenced legal proceedings when she filed her Application with the Tribunal. It is the applicant's responsibility to participate in these proceedings by taking the necessary steps to pursue it, including attending the hearing. She has not done so.

8The applicant appears to have received timely and proper notice of the hearing, but has failed to attend. Accordingly, the Application is dismissed as abandoned.