Kadri v. Canadian Mental Health Association, 2014 HRTO 1264

Human Rights Tribunal of Ontario

Between:

Isabelle Kadri Applicant

-and-

Canadian Mental Health Association and Martha Young Respondents

Decision

Adjudicator: Paul Aterman Date: August 27, 2014 Citation: 2014 HRTO 1264 Indexed as: Kadri v. Canadian Mental Health Association

Appearances

Isabelle Kadri, Applicant No one appearing

Canadian Mental Health Association and Martha Young, Respondents Nancy Jammu-Taylor, Counsel

1This Application, which alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), was filed on October 28, 2013. The last alleged incident of discrimination took place on October 1, 2012, which is more than a year before the Application was filed.

2Subject to certain exceptions, the Code requires an applicant to file an Application within a year of the date of the last alleged incident of discrimination. A hearing was scheduled to be held by teleconference on August 22, 2014 to determine whether this Application should be dismissed for delay.

3The applicant was advised of the date and time of the teleconference and was given instructions on how to dial in. This was communicated by the Tribunal's Confirmation of Hearing letter dated June 2, 2014. The Confirmation of Hearing warns the applicant that if she does not participate in the hearing, the Tribunal may decide that she has abandoned her Application. I have no reason to think that the applicant did not receive this letter.

4As is the normal practice of the Tribunal, I waited for half an hour past the scheduled 1:30 p.m. start time of the teleconference to allow the applicant to participate in the hearing. She did not participate.

5As the applicant failed to participate in the hearing despite having been given notice of the hearing, I conclude that she has abandoned her Application.

Order

6The Application is dismissed.