Human Rights Tribunal of Ontario
B E T W E E N:
Cindy Torh Applicant
-and-
LUSH Handmade Cosmetics Limited and Adam McGillivray Respondents
DECISION
Adjudicator: Kathleen Martin Date: October 30, 2013 Citation: 2013 HRTO 1830 Indexed as: Torh v. LUSH Handmade Cosmetics Limited
APPEARANCES
Cindy Torh, Applicant ) No one appearing LUSH Handmade Cosmetics Limited and Adam McGillivray, Respondents ) Stephen Dynes, Representative
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 March 18, 2013.
2On July 22, 2013, the Tribunal issued a Case Assessment Direction to the parties stating that a half-day summary hearing by conference call would be scheduled and providing directions regarding the same including deadlines for the filing of any documents and cases the parties intend to rely on. The Case Assessment Direction was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.
3On August 16, 2013, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a summary hearing of the Application would take place on October 30, 2013 commencing at 9:30 a.m. by conference call. The Notice provided call-in details to the parties. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal 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. The respondents were in attendance (the individual representing LUSH Handmade Cosmetics confirmed that he was appearing on behalf of both respondents). 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.
Dated at Toronto, this 30th day of October, 2013.
“Signed by”
__________________________________ Kathleen Martin Vice-chair