Raphleta Taylor v. Region of Peel and Emmanuel Jean, 2011 HRTO 2315

Human Rights Tribunal of Ontario

B E T W E E N:

Raphleta Taylor

Applicant

-and-

Region of Peel and Emmanuel Jean

Respondents

decision

Adjudicator: Keith Brennenstuhl

Date: December 28, 2011

Citation: 2011 HRTO 2315

Indexed as: Taylor v. Region of Peel

APPEARANCES

Raphleta Taylor, Applicant ) No one appearing

Region of Peel, Respondent ) Ann C. Dinnert, Counsel

Emmanuel Jean, Respondent ) Denise Boyce, Representative

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 July 20, 2011, the Tribunal directed 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 would 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 October 31, 2011, advising that the summary hearing would commence at 9:30 a.m. on December 19, 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. It was returned by Canada Post as undeliverable. The Notice of Summary Hearing was e-mailed to the applicant on December 7, 2011 at the e-mail address provided by the applicant. The applicant acknowledged receipt of the Notice of Summary Hearing on December 7, 2011.

4The Summary Hearing was convened by teleconference on December 19, 2011 at the scheduled time. The respondents’ representatives were present at the summary hearing. The applicant did not attend the hearing.

5I advised those present on the call that the hearing would commence at 10:00 a.m. or whenever the applicant attended on the call, whichever occurred first. At 10:00 a.m., the applicant was still not present.

6I was satisfied at the hearing that the applicant had received notice of the summary hearing. There was no indication that the applicant would not be attending the hearing. In the absence of the applicant or any explanation for her failure to attend the hearing, I dismissed the Application as abandoned.

ORDER

7The Application is dismissed.