HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Angela Haskins
Applicant
-and-
Dixie Bloor Neighbourhood Centre
o/a Employment Resources and Community Outreach
Respondent
Decision
Adjudicator: Denyse Diaz
Date: March 1, 2012
Citation: 2012 HRTO 400
Indexed as: Haskins v. Dixie Bloor Neighbourhood Centre
appearances
Angela Haskins, Applicant ) No one appearing
Dixie Bloor Neighbourhood Centre, ) Andy Balaura, Counsel
Respondent ) Lynn Petrushchak
1This is an Application alleging discrimination in services due to disability contrary to the Human Rights Code, R.S.O. 1990, c.H-19, as amended (the “Code”). A summary hearing was scheduled for December 6, 2011 commencing at 9:30 a.m. via teleconference.
2The applicant was not present at the hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.
3I 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 October 25, 2011. This document was not returned to the Tribunal.
4Rule 3.13 of Tribunal’s Rules of Procedure permits the Tribunal to proceed with the hearing, if a party has been notified, in the party’s absence and to take any action that it deems appropriate. This was communicated to the applicant in the Notice which clearly advised that if she did not attend the call, a decision would be made without her participation.
5The applicant did not attend the hearing although notified of the hearing.
6The applicant in filing an Application to the Tribunal commenced a legal proceeding. It is the applicant’s responsibility to participate in the summary hearing to clarify her allegation and show how they relate to an alleged violation of the Code. The Tribunal is unable to proceed with the Application without such clarification. Further, the respondent has no onus or responsibility to respond to allegations where the applicant has failed to participate in the summary hearing and provide clarification of her allegations.
7In 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
Dated at Toronto this 1^st^ day of March 2012.
”signed by”
Denyse Diaz
Member