Muriel Ellis v. City of Kawartha Lakes and John Hagarty, 2012 HRTO 1125

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Muriel Ellis

Applicant

-and-

City of Kawartha Lakes and John Hagarty

Respondents

DECISION

Adjudicator: Keith Brennenstuhl

Date: June 7, 2012

Citation: 2012 HRTO 1125

Indexed as: Ellis v. Kawartha Lakes (City)

APPEARANCES

Muriel Ellis, Applicant

No one appearing

City of Kawartha Lakes and John Hagarty, Respondents

J. Josefo, Counsel

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2Pursuant to a Case Assessment Direction dated March 20, 2012, 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 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 March 29, 2012, advising that the summary hearing would commence at 1:30 p.m. on June 5, 2012. 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.

4The summary hearing was convened by teleconference on June 5, 2012 at the scheduled time. Counsel for the respondents was 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 2:00 p.m. or whenever the applicant attended on the call, whichever occurred first. At 2:00 p.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.