HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Alphia Alcee
Applicant
-and-
Ontario Family Group Homes Inc. and Dawn Grant
Respondents
DECISION
Adjudicator: Geneviève Debané
Indexed as: Alcee v. Ontario Family Group Homes Inc.
Introduction
1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), and a hearing has been scheduled in Toronto on June 20, 2012.
2On February 23, 2012, the respondents filed a Request for an Order During Proceedings (the “Request”) asking that the applicant be compelled to provide a medical certificate confirming that she is “able to attend at and fully participate in the hearing.”
3In a Case Assessment Direction dated April 17, 2012 (“the April CAD”), the Tribunal states:
The Tribunal therefore directs the applicant within seven days of the date of this Case Assessment Direction to:
a. Deliver to the respondent and file with the Tribunal a Form 11 Response to the Request; and
b. This Form 11 should clearly indicate whether the applicant consents or opposes the Request and any reasons for her opposition.
4The applicant did not comply with the directions in the April CAD.
5The Tribunal canvassed the availability of the parties and scheduled a Case Conference via telephone on May 4, 2012 at 10 a.m. Despite the fact that the Tribunal waited until 10:30 a.m., neither the applicant nor her representative, who is a friend, participated in the Case Conference call. Counsel for the Ontario Family Group Homes Inc. participated in the call.
6On May 7, 2012, the Tribunal issued a Case Assessment Direction (the “May CAD”) which states at paragraphs 7 and 8:
The Tribunal therefore directs the applicant by no later than May 11, 2012 to:
a. Deliver to the respondent and file with the Tribunal a Form 11 Response to the Request;
b. This Form 11 should clearly indicate whether the applicant consents or opposes the Request and any reasons for her opposition; and,
c. State whether she wishes to continue with this Application and if so, explain her failure to attend on the conference call.
If the applicant does not comply with the Directions set out in this Case Assessment Direction then the Tribunal may dismiss the Application as abandoned.
7As of this date, the applicant has not complied with the directions in the May CAD.
Decision
8The Tribunal is satisfied that the Notice of Case Conference, the April CAD and the May CAD were sent to the applicant.
[9] Having reviewed this matter, I am satisfied that the applicant has abandoned the Application since she did not participate in the Case Conference or comply with the April CAD and the May CAD. Further, the applicant failed to advise the Tribunal of her intentions with respect of the Application as directed by the May CAD. The applicant was warned that a failure to respond could result in her Application being dismissed as abandoned.
10The Application is dismissed. Accordingly, the June 20, 2012, hearing date is cancelled.
Dated at Toronto, this 23rd day of May, 2012.
“Signed by”
Geneviève Debané
Vice-chair