HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Donna Anderson
Applicant
-and-
Costco Wholesale Canada Ltd.
Respondent
DECISION
Adjudicator: Douglas Sanderson
Indexed as: Anderson v. Costco Wholesale Canada Ltd.
APPEARANCES
Donna Anderson, Applicant
No one appearing
Costco Wholesale Canada Ltd., Respondent
Michael Horvat, Counsel
1This is an Application for Contravention of Settlement filed on November 13, 2012 under section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging the respondent breached a settlement between the parties. The Tribunal scheduled a preliminary hearing by telephone for March 15, 2013 commencing at 1:30 p.m. to address the issues of delay, whether any delay was incurred in good faith, prejudice and the alleged contravention.
2The applicant did not attend the hearing. In accordance with its usual practice, the Tribunal waited until 2 p.m. until proceeding with the hearing. The respondent submitted that the Tribunal should dismiss the Application as abandoned.
3I am satisfied that the applicant had notice of the hearing. The Tribunal sent the Notice to the address the applicant has used in correspondence with the Tribunal and the document was not returned to the Tribunal. The Notice set out potential consequences of failing to attend the hearing, which included that the Tribunal may “dismiss the Application as abandoned if the applicant fails to attend”.
4In view of the applicant’s non-attendance, the Application is hereby dismissed as abandoned.
Dated at Toronto, this 19^th^ day of March, 2013.
“signed by”
Douglas Sanderson
Vice-chair