HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Aukse Ivanov
Applicant
-and-
Conestoga College Institute of Technology and Advanced Learning
Respondent
DECISION
Adjudicator: Geneviève Debané
Indexed as: Ivanov v. Conestoga College Institute of Technology and Advanced Learning
APPEARANCES
Aukse Ivanov ) Applicant ) No one appearing
Conestoga College Institute ) of Technology ) and Advanced Learning, ) Catherine Peters, Counsel Respondent )
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On September 16, 2013, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a Summary Hearing would take place on December 5, 2013 commencing at 9:30 a.m. via telephone conference. The Notice of Summary Hearing was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.
3The Summary Hearing was scheduled pursuant to the Case Assessment Direction dated September 3, 2013 (the “CAD”). In this CAD the Tribunal directed that the applicant should proceed to make submission first to explain why the Application should not be dismissed as having no reasonable prospect of success or on the basis of delay.
4I am satisfied that the Notice of Summary Hearing was delivered to the applicant. Counsel for the respondent also confirmed that the materials it sent to the applicant were not returned.
5The applicant did not call in 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 still had not called nor had the applicant communicated with the Tribunal to explain the failure to attend.
7In the absence of the applicant or any explanation for her failure to attend the hearing, I dismissed the Application as abandoned.
ORDER
8The Application is dismissed.
Dated at Toronto, this 5th day of December, 2013.
“Signed by”
Geneviève Debané
Vice-chair