Andrea Stroh v. City Adult Learning Centre and Richard Bilkszto, 2011 HRTO 70

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrea Stroh Applicant

-and-

City Adult Learning Centre and Richard Bilkszto Respondents

DECISION

Adjudicator: Mark Hart Date: January 10, 2011 Citation: 2011 HRTO 70 Indexed as: Stroh v. City Adult Learning Centre

APPEARANCES BY

Andrea Stroh, Applicant ) Not appearing

City Adult Learning Centre ) Glorie Alfred, Counsel and Richard Bilkszto, Respondents )

1This is an Application made under s. 53(5) of the Ontario Human Rights Code, R.S.O. 1990, c.H.19, as amended (the Code), dated June 30, 2009. The underlying complaint was filed with the Ontario Human Rights Commission (the "Commission") on November 22, 2006.

2The applicant alleges that she experienced discrimination in the provision of educational services because of disability contrary to sections 1 and 9 of the Code, in relation to her need for accommodation in courses offered at the respondent City Adult Learning Centre operated by the Toronto District School Board.

3On September 7, 2010, the Tribunal sent a Confirmation of Hearing Dates and Required Preparation notice to the parties setting the hearing date for January 10, 2011. In this correspondence, the parties were given 10 days to notify the Tribunal if they were unable to attend the hearing on this date. No notice was received from the applicant that she was unable to attend the hearing.

4The Tribunal received correspondence from the applicant requesting an extension to file her statement of additional facts and remedy and to make disclosure to the respondents. By letter dated October 13, 2010, the Tribunal granted an extension to the applicant to November 8, 2010, to fulfil these pre-hearing obligations. No statement of additional facts and requested remedy was received from the applicant by November 8, 2010, or subsequently.

5By letter dated October 19, 2010, the Tribunal acknowledged that the applicant had made a request for accommodation at the hearing in this matter. The applicant was advised to provide any medical documentation to support her request for accommodation by no later than November 18, 2010. No such documentation was received from the applicant regarding her request for accommodation by November 18, 2010, or subsequently.

6By December 21, 2010, the parties were required to file a list of witnesses they intended to call at the hearing together with a description of what each witness would say, and also to file any documents they intended to rely upon at the hearing. No such material was received from the applicant by December 21, 2010, or subsequently.

7The applicant did not appear at the hearing scheduled for January 10, 2011. The respondents were in attendance with counsel and witnesses. No communication was received by the Tribunal to explain the applicant's failure to appear. When the applicant had not appeared by 10:00 a.m., the respondents were released for the day.

8It is the applicant's responsibility to attend the hearing in this matter and to present evidence in support of her allegations, and also to have her evidence tested by cross-examination. In the absence of the applicant fulfilling her obligation to do so and in the absence of any explanation as to her failure to comply with her obligations or attend the hearing, this Tribunal has no proper or sufficient basis to support the applicant's allegations or to continue this proceeding.

9Accordingly, I deem this Application to have been abandoned and hereby dismiss the Application.