Walker v. Dr. Michael Gossack Professional Corporation, 2011 HRTO 218

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dianne Walker

Applicant

-and-

Dr. Michael Gossack Professional Corporation, Michael Gossack and Lynne O’Connor

Respondents

DECISION

Adjudicator: Michelle Flaherty

Date: January 31, 2011

Citation: 2011 HRTO 218

Indexed as: Walker v. Dr. Michael Gossack Professional 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”) in which she alleges discrimination on the basis of disability in the context of employment.

2The respondents filed a Response in which they request the early dismissal of the Application because they say the applicant has signed a full and final release with respect to the same subject-matter.

3Following an Interim Decision, 2010 HRTO 1444, the Tribunal scheduled a hearing by telephone conference call to address the respondents’ Request for the early dismissal of the Application on the basis of a release.

4The hearing took place on January 31, 2011. The respondents and their counsel attended the hearing. Although she appears to have received notice of the telephone conference hearing, the applicant did not 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.