Susan Bartenstein v. Her Majesty the Queen in Right of Ontario, as represented by the Ministry of Community and Social Services, 2012 HRTO 1115

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Susan Bartenstein

Applicant

-and-

Her Majesty the Queen in Right of Ontario, as represented by the Ministry of Community and Social Services

Respondent

Decision

Adjudicator: Denyse Diaz

Date: June 6, 2012

Citation: 2012 HRTO 1115

Indexed as: Bartenstein v. Ontario (Community and Social Services)

appearances

Ministry of Community and ) Social Services, ) Geoffrey Baker, Counsel Ontario Disability Support Program, ) Respondent )

1This is an Application alleging discrimination in the delivery of services due to disability, creed and age contrary to the Human Rights Code, R.S.O. 1990, c.H-19, as amended (the “Code”). A summary hearing was scheduled for March 23, 2012 commencing at 1:30p.m. via teleconference.

2The applicant was not present at the hearing. In accordance with its usual practice, the Tribunal waited until 2:00p.m. before proceeding.

3The respondent took the position that the Tribunal should dismiss the application as the applicant did not attend.

4The Application was dismissed as abandoned at the hearing, with reasons to follow. The reasons for this decision follow.

5I am satisfied that the applicant had notice of the hearing. The Notice of Summary Hearing (“the Notice”) was mailed to the applicant at her last known address on February 2, 2012.

6On February 14, 2012 the applicant, through the respondent’s counsel requested an adjournment of the summary hearing. The Tribunal denied this request in an Interim Decision, 2012 HRTO 498. This decision advised that the summary hearing will proceed as scheduled. A copy of this interim decision was mailed to the applicant at her last known address on March 8, 2012. This document was not returned to the Tribunal.

7I am satisfied that the applicant had notice that her adjournment request was denied and that the hearing would proceed.

8The applicant did not attend the hearing although notified of the hearing.

9Given the failure of the applicant to appear at the hearing, despite having received proper notice and in the absence of any correspondence or communication from the applicant to explain her failure to participate in the conference call and provide any clarification of her allegations as directed, I deem the application as abandoned.