HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Galina Serova
Applicant
-and-
Ontario Ironworkers/Rodman Benefit Plan Administrators Corporation
Respondent
DECISION
Adjudicator: Geneviève Debané Date: August 19, 2011 Citation: 2011 HRTO 1562 Indexed as: Serova v. Ontario Ironworkers/Rodman Benefit Plan Administrators Corporation
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 9, 2009.
2On May 9, 2011, the Tribunal issued a Notice of Confirmation of Rescheduled Hearing to the parties confirming that the hearing of the Application would take place on August 19, 2011, commencing at 9:30 a.m. at the Tribunal's hearing centre at 655 Bay St, 14th Floor, Toronto, Ontario. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.
3On July 15, 2011, the Tribunal issued an Interim Decision, 2011 HRTO 1339, which denied the respondent's request for an adjournment and confirming that the hearing of the Application would be held on August 19, 2011.
4On August 17, 2011, the Tribunal issued a Case Assessment Direction directing the parties to immediately file with the Tribunal the documents that they intended to rely on at the August 19, 2011 hearing, witness lists and a summary of their evidence. The applicant did not comply with this Direction.
5I am satisfied that the applicant had notice of the hearing on at least three occasions.
6The applicant was not in attendance at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.
7At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain her failure to attend.
8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 19th day of August, 2011.
"Signed by"
Geneviève Debané Vice-chair