Naguib v. City of Toronto, 2010 HRTO 621

Human Rights Tribunal of Ontario

B E T W E E N:

Mary Naguib

Applicant

-and-

City of Toronto (Works and Emergency Services), Maria Mlakar, Bill Forest and Barry Gutteridge

Respondents

DECISION

Adjudicator: Kaye Joachim

Date: March 23, 2010

Citation: 2010 HRTO 621

Indexed as: Naguib v. City of Toronto

1This is an Application filed September 4, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). A Case Resolution Conference (“hearing”) was scheduled for March 12, 2010. The date was agreed upon by the parties and Notice of the Hearing was sent to the parties on October 28, 2009.

2The applicant did not attend the hearing nor did she contact the Tribunal to indicate why she was not in attendance. The Tribunal waited 45 minutes.

3I have reviewed the Tribunal’s file and I am satisfied that the applicant had notice of the hearing.

4A Tribunal application is a legal proceeding commenced by the applicant. It is the applicant’s responsibility to attend the hearing and provide evidence in support of the allegations raised in the application. In the absence of such evidence, the Tribunal is unable to proceed with the application and there is no onus or responsibility on the respondents to provide evidence in response to allegations where the applicant has failed to appear at the hearing and no evidence has been provided by the applicant in support of her allegations.

5As a result of the applicant’s failure to appear and, in the absence of an explanation, I am satisfied that the applicant has abandoned her Application.

6The Application is dismissed.