Estate of Eva Bourgoin v. Maple Villa Long Term Care Centre, 2013 HRTO 1572

Human Rights Tribunal of Ontario

BETWEEN:

Estate of Eva Bourgoin Applicant

-and-

Maple Villa Long Term Care Centre and Barb Goetz Respondents

DECISION

Adjudicator: Jay Sengupta Date: September 19, 2013 Citation: 2013 HRTO 1572 Indexed as: Bourgoin (Estate of) v. Maple Villa Long Term Care Centre

APPEARANCES

Estate of Eva Bourgoin, Applicant No one appearing

Maple Villa Long Term Care Centre and Barb Goetz, Respondents Barb Goetz, Representative

Introduction

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to goods, services and facilities because of disability. The Application was brought by Eva Bourgoin's daughter, Anne Marsden, in her capacity as trustee of the Estate of Eva Bourgoin.

2Following an earlier Interim Decision, 2013 HRTO 429, to which the trustee for the applicant estate sent a written response and a subsequent Case Assessment Direction ("CAD"), dated May 3, 2013, a half-day summary hearing teleconference was scheduled.

3On the date and time set for the teleconference hearing, the respondents were present and ready to proceed. No one appeared for the applicant. After waiting for half an hour in accordance with the Tribunal's usual practice, the Tribunal proceeded in the absence of the applicant.

4The trustee for the Estate of Eva Bourgoin was sent the Interim Decision, CAD and Notice of Summary Hearing by mail to the address provided in the Application. None of these documents have been returned as undeliverable and I note that the trustee responded in writing to the Interim Decision.

5There is no indication that the applicant estate did not receive notice of the hearing. I am satisfied that the trustee for the applicant estate received timely and proper notice of the hearing. In the absence of the trustee and in the absence of any explanation for her failure to attend, the Application is dismissed as abandoned.