Rose Fababeir v. City of Toronto, 2012 HRTO 72

Human Rights Tribunal of Ontario

B E T W E E N:

Rose Fababeir

Applicant

-and-

City of Toronto

Respondent

-and-

Canadian union of Public Employees, Local 79

Invervenor

DECISION

Adjudicator: Brian Eyolfson

Date: January 12, 2012

Citation: 2012 HRTO 72

Indexed as: Fababeir v. Toronto (City)

APPEARANCES BY

Rose Fababeir, Applicant ) No one appearing

City of Toronto, Respondent ) Darragh Meagher, Counsel

Canadian Union of Public Employees, ) Melissa Kronick, Counsel

Local 79, Intervenor )

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on November 16, 2009.

2On June 21, 2011, the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that a hearing of the Application would take place on January 11 and 12, 2012, commencing at 9:30 a.m., at the Tribunal’s hearing centre at 655 Bay St, 14th Floor, Toronto, Ontario. The Notice was delivered to the applicant at an email address provided by the applicant to the Tribunal in her Application, and was not returned as undeliverable.

3On December 21, 2011, the Tribunal issued a Case Assessment Direction (“CAD”) dealing with preparation for the hearing in this matter. The CAD indicated that the hearing was scheduled for January 11 and 12, 2012. The CAD was delivered to the applicant by email and regular mail, at addresses provided by the applicant in her Application, and was not returned as undeliverable.

4I am satisfied that the applicant had notice of the hearing.

5The applicant was not in attendance at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

6At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

7In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.