minicounsel

Jeannie Howe v. SP Data Capital Corporation ULC and Cheryl Tost, 2013 HRTO 64

January 11, 2013|Cited 3x

Jeannie Howe v. SP Data Capital Corporation ULC and Cheryl Tost, 2013 HRTO 64

Case Summary

The applicant filed an application under section 34 of the Human Rights Code. A hearing was scheduled for January 7, 2013. The applicant failed to attend the hearing and did not communicate with the Tribunal to explain her absence. The respondents confirmed the applicant was at work that morning. The Tribunal dismissed the application as abandoned.

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jeannie Howe

Applicant

-and-

SP Data Capital Corporation ULC and Cheryl Tost

Respondents

DECISION

Adjudicator: Jennifer Scott

Date: January 11, 2013

Citation: 2013 HRTO 64

Indexed as: Howe v. SP Data Capital Corporation ULC

[1] The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on February 8, 2012. The applicant is a current employee of the corporate respondent.

[2] On May 18, 2012, the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that a hearing of the Application would take place on January 7, 2013 commencing at 9:30 a.m. at the Tribunal’s hearing centre at 655 Bay St, 14^th Floor, Toronto, Ontario. The Notice of Confirmation of Hearing also directed the parties to file their hearing documents and witness statements by November 23, 2012.

[3] On December 10, 2012, the respondents requested an adjournment of the hearing. On December 12, 2012, the Tribunal issued an Interim Decision denying the adjournment and directing the parties to comply with their pre-hearing obligations by December 20, 2012. The Tribunal confirmed the hearing would proceed on January 7, 2013.

[4] On December 20, 2012, the respondents filed their pre-hearing documents. On December 21, 2012, the applicant filed her pre-hearing documents.

[5] The applicant was not in attendance at the commencement of the scheduled hearing on January 7, 2013. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

[6] At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain her failure to attend. The respondents advised the Tribunal that they had contacted the workplace and were advised the applicant was in attendance at work the morning of January 7, 2013. The applicant did not advise the respondents or the Tribunal that she did not intend to proceed with the Application.

[7] In the circumstances, the Tribunal issued an oral ruling that the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application. These are the written reasons for that decision.

[8] The Application is dismissed as abandoned.

Dated at Toronto, this 11^th day of January, 2013.

“Signed by”

Jennifer Scott

Vice-chair