HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Althea Reyes
Applicant
-and-
Vertica Resident Services
Respondent
DECISION
Adjudicator: Sheri D. Price
Indexed as: Reyes v. Vertica Resident Services
APPEARANCES
)
Althea Reyes, Applicant ) No one appearing
)
)
Vertica Resident Services, Respondent ) Susan McCorquodale, Counsel
1This is an Application under s.34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (‘the Code”), in which the applicant alleges that the respondent infringed her rights under the Code.
2Pursuant to a Case Assessment Direction dated June 5, 2012, the Tribunal directed, on its own initiative, 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 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 summary hearing was originally scheduled to be heard on October 11, 2012. However, on October 1, 2012, the applicant’s representative, Allison Reyes, asked that the summary hearing be rescheduled due to the death of a family member. The respondent consented to the applicant’s request. Accordingly, the summary hearing was rescheduled to November 26, 2012, one of the dates provided by the applicant in her rescheduling request.
4A revised Notice of Summary Hearing was sent to the parties on October 5, 2012, advising that the summary hearing would commence at 9:30 a.m. on November 26, 2012. The Notice of Summary Hearing also advised the parties how to connect to the teleconference.
5The Summary Hearing was convened by teleconference on November 26, 2012, at the scheduled time. The respondent attended the summary hearing and was represented by counsel. The applicant did not attend the hearing.
6I advised those present on the call that the hearing would commence at 10:00 a.m. or whenever the applicant attended on the call, whichever occurred first.
7I was satisfied at the hearing that the applicant had received timely and proper notice of the summary hearing. The Tribunal was not aware of any 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 at the hearing.
ORDER
8The Application is dismissed.
Dated at Toronto, this 26th day of November, 2012.
“Signed by”
Sheri D. Price
Vice-chai