HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Giti Rashidi-Gazabadi
Applicant
-and-
IQ Circuits Inc. and Elizabeth Miller
Respondents
DECISION
Adjudicator: Ian R. Mackenzie
Indexed as: Rashidi-Gazabadi v. IQ Circuits Inc.
APPEARANCES
Giti Rashidi-Gazabadi, Applicant ) No One Appearing
IQ Circuits Inc. and Elizabeth Miller, )
Respondents ) Ian Werker, Counsel
1Giti Rashidi-Gazabadi filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment and housing on the basis of race, association with a person identified by a prohibited ground and reprisal or threat of reprisal.
2On November 3, 2011, the Tribunal ordered a summary hearing of the Application to determine if it had a reasonable prospect of success. The summary hearing was also to deal with the respondent’s request that the Application be dismissed on the basis that the substance of the Application had been appropriately dealt with in another proceeding. In addition, the summary hearing was to address the applicant’s request to add a respondent.
3The applicant failed to provide dates for her availability for a hearing and was asked by the Tribunal in a letter dated December 19, 2011 to confirm her intentions with regard to the Application by December 28, 2011. The applicant confirmed her intention to proceed with her Application by email on December 28, 2011. The applicant also failed to attend a scheduled mediation of the Application.
4A Notice of Confirmation of Hearing was issued on January 4, 2012, confirming that the summary hearing would take place on March 8, 2012 commencing at 1:30 p.m. by teleconference call. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.
5I am satisfied that the applicant had notice of the hearing.
6The applicant was not in attendance at the commencement of the scheduled hearing. The Tribunal waited until 1:45 p.m. before proceeding.
7At 1:45 p.m. the applicant had not phoned into the teleconference nor had she communicated with the Tribunal to explain her failure to attend.
8In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned her Application.
Dated at Toronto, this 13th day of March, 2012.
”Signed by”
Ian R. Mackenzie
Vice-chair