HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Estelita Vivas
Applicant
-and-
Metropolitan Hotels and Isabel Carreiro
Respondents
-and-
UNITE Hear Local 75
Intervenor
DECISION
Adjudicator: Brian Cook
Indexed as: Vivas v. Metropolitan Hotels
APPEARANCES
Estelita Vivas, Applicant
No one appearing
Metropolitan Hotels and Isabel Carreiro, Respondents
Michelle Alton, Counsel
UNITE Here, Local 75, Intervenor
Jorge Hurtado, Counsel
1A hearing was scheduled for February 20, 2013. The respondents and the intervenor appeared. The applicant did not appear.
2The hearing was scheduled further to a Case Assessment Direction dated August 31, 2012. It directed that a hearing be held to clarify the applicant’s allegations and to discuss a timetable for when documents and witness statements will be disclosed in advance of a hearing that was scheduled for March 15, 2013.
3The hearing was scheduled for February 20, 2013. The Tribunal sent a Notice of Confirmation of Hearing on December 17, 2012. The Notice was received by the respondents and the intervenor. The Notice was not returned to the Tribunal as not deliverable. It was sent to the address provided by the applicant. The Tribunal has not heard from the applicant about any change in contact information. The Notice of Confirmation of Hearing stated that failure to attend the hearing would have consequences. These include that the Tribunal might dismiss the Application as abandoned if the applicant fails to attend.
4I am satisfied that the applicant was sent a notice of the February 20, 2013 hearing and there is no indication that she did not receive it.
5In these circumstances, the Application is dismissed as abandoned.
6The hearing scheduled for March 15, 2013 is cancelled.
Dated at Toronto, this 22nd day of February, 2013.
“Signed by”
Brian Cook
Vice-chair