James v. Bohbot, 2013 HRTO 1711

Human Rights Tribunal of Ontario

B E T W E E N:

Nerissa G. James

Applicant

-and-

Yoav Bohbot

Respondent

-and-

SEIU, Local 1 Canada

Intervenor

DECISION

Adjudicator: Catherine Bickley

Decision Date: October 10, 2013

Citation: 2013 HRTO 1711

Indexed as: James v. Bohbot

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"), alleging discrimination in employment on the basis of race, colour and reprisal.

2In Interim Decision, 2013 HRTO 1592, dated September 23, 2013, I considered the respondent's request that the Application be dismissed as abandoned due to the failure of the applicant and her representative to attend a conference call. That conference call had been scheduled to hear the respondent's request to dismiss the Application on the basis that the applicant had failed to make out a prima facie case of discrimination.

3After considering all the circumstances, I concluded that it would not be fair or just to dismiss the Application as abandoned. I directed the applicant's representative:

[T]o file any authorities on which he intends to rely within 14 days of the date of this decision, failing which the Tribunal may dismiss this application as abandoned.

4No materials were filed on behalf of the applicant by the deadline or at any time up to the date of this decision.

5I am satisfied that the applicant received the interim decision which was sent to the parties' representatives by facsimile on September 23, 2013. The facsimile confirmation sheet indicates that the interim decision was delivered successfully to the facsimile number provided to the Tribunal by the applicant's representative.

6In the circumstances, I find that the applicant has abandoned her Application and the Application is dismissed.