Ninela Carmona v. The Executors of the Estate of Arthur Rubinoff, 2012 HRTO 2139

Human Rights Tribunal of Ontario

B E T W E E N:

Ninela Carmona

Applicant

-and-

The Executors of the Estate of Arthur Rubinoff

Respondent

DECISION

Adjudicator: Brian Cook

Date: November 13, 2012

Citation: 2012 HRTO 2139

Indexed as: Carmona v. Rubinoff Estate

1This Application was filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment because of race, disability, age, and reprisal.

2The Application is scheduled for hearing on November 16, 2012.

3On October 30, 2012, the Tribunal issued a Case Assessment Direction. It addressed the applicant's request for an adjournment of the hearing. The applicant had advised that she had not been represented since March 2012. The Case Assessment Direction concluded:

The fact that an applicant has not been able to find a representative is not generally recognized by the Tribunal as a valid reason for an adjournment request. This is particularly so in this case where the applicant has not had counsel for many months.

4The adjournment request was denied. The Case Assessment Direction directed the applicant to confirm in writing that she intends to participate in the hearing on November 16, 2012. The Case Assessment Direction stated that if written confirmation was not received by November 9, 2012, the Application may be dismissed as abandoned.

5The Tribunal has received no written confirmation from the applicant that she intends to participate in the November 16, 2012 hearing, or any other communication from the applicant.

6In these circumstances, the November 16, 2012 hearing is cancelled. The Application is dismissed as abandoned.