Heather Duncan v. Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services (Ontario Provincial Police), 2012 HRTO 2400

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Heather Duncan

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services (Ontario Provincial Police)

Respondent

DECISION

Adjudicator: Keith Brennenstuhl Decision Date: December 27, 2012 Citation: 2012 HRTO 2400 Indexed as: Duncan v. Ontario (Community Safety and Correctional Services)

APPEARANCES

Heather Duncan, Applicant

No one appearing

Christopher Diana

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services (Ontario Provincial Police), Respondent

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 August 13, 2012, the Tribunal directed that a hearing be convened to determine whether the Application should be dismissed because of delay. In its Case Assessment Direction, the Tribunal directed that the hearing would proceed by way of teleconference and advised the parties that a Notice of Hearing would be sent to them by the Registrar’s office.

3The Notice of Hearing was sent to the parties on November 26, 2012, advising that the hearing would commence at 1:30 p.m. on December 20, 2012. The Notice of Hearing also advised the parties how to connect to the teleconference. The Notice of Hearing was mailed to the applicant and the respondent at the addresses provided by them to the Tribunal.

4The hearing was convened by teleconference on December 20, 2012 at the scheduled time. The applicant was not present at the hearing. The respondent was present at the hearing.

5I remained on the teleconference call until 2:00 p.m. 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 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.