Evette Forde v. Canadian Business School Inc. o/a Canadian Business College, 2014 HRTO 1292

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Evette Forde

Applicant

-and-

Canadian Business School Inc. o/a Canadian Business College

Respondent

DECISION

Adjudicator: David Muir

Date: September 2, 2014

Citation: 2014 HRTO 1292

Indexed as: Forde v. Canadian Business School Inc.

Appearances

Evette Forde, Applicant

No one appearing

Canadian Business School Inc. o/a Canadian Business College, Respondent

Jeffrey Nicholson, Counsel, and Royce Calverlay, Paralegal

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in the provision of goods and services on the basis of race, colour, ancestry, ethnic origin and disability.

2In a Case Assessment Direction issued on April 23, 2014, the Tribunal directed that a summary hearing be held determine whether this Application should be dismissed, in whole or in part, because it had no reasonable prospect of success.

3On May 2, 2014, the Tribunal issued a Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on June 19, 2014, commencing at 9:30 a.m., by telephone conference call. This date was re-scheduled on the request of the applicant and on consent.

4On June 20, 2014, the Tribunal issued a further Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on September 2, 2014, commencing at 9:30 a.m., by telephone conference call. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.

5I am satisfied that the applicant had notice of the hearing.

6The applicant was not on the conference call at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

7At 10:00 a.m., the applicant was not on the conference nor had the applicant communicated with the Tribunal to explain the failure to attend.

8In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.