Reina Anne McCormick v. Tilley Holmes and Nancy Holmes, 2011 HRTO 1875

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Reina Anne McCormick

Applicant

-and-

Tilley Holmes and Nancy Holmes

Respondents

DECISION

Adjudicator: Naomi Overend

Date: October 18, 2011

Citation: 2011 HRTO 1875

Indexed as: McCormick v. Tilley Holmes

AppearanceS BY

) Reina Anne McCormick, Applicant ) No One Appearing

Tilley Holmes and Nancy Holmes, ) Nancy Holmes

Respondents )

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

2Pursuant to a Case Assessment Direction dated May 10, 2011, the Tribunal directed, on its own initiative, that a summary hearing be convened pursuant to Rule 19A of the Tribunal’s Rules of Procedure to determine whether the Application should be dismissed, in whole or in part, on the basis that there was no reasonable prospect that the Application or part of the Application will succeed. In its Case Assessment Direction, the Tribunal directed that the summary hearing would proceed by way of teleconference and advised the parties that a Notice of Summary Hearing would be sent to them by the Registrar’s office.

3The Notice of Summary Hearing was sent to the parties on August 9, 2011, advising that the summary hearing would commence promptly at 1:30 p.m. on October 17, 2011. The Notice of Summary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was mailed to the applicant at the address provided by her to the Tribunal.

4Subsequently, the Case Processing Officer spoke with the applicant who confirmed receipt of the Notice of Summary Hearing. The Case Processing Officer also confirmed with the applicant that she understoood how to participate in the conference call and had her read back the phone number and conference ID she would need in order to participate.

5The Summary Hearing was convened by teleconference on October 17, 2011, at the scheduled time. The personal respondent was present at the summary hearing on behalf of herself and the organizational respondent. The applicant did not attend the hearing and failed to advise anyone that she would not be attending the hearing.

6I indicated to the respondents that we would wait 30 minues in order to give the applicant an opportunity to attend the call. After the allotted time, the applicant was still not present.

7I was satisfied at the hearing that the applicant had received timely and proper notice of the summary hearing. In the absence of the applicant or any explanation for her failure to attend the hearing, I am dismissing the Application as abandoned.

ORDER

8The Application is dismissed.