Cheryl Harvey v. Evan's Bus Lines, 2014 HRTO 1647

Human Rights Tribunal of Ontario

B E T W E E N:

Cheryl Harvey Applicant

-and-

Evan's Bus Lines Respondent

DECISION

Adjudicator: Keith Brennenstuhl Date: November 12, 2014 Citation: 2014 HRTO 1647 Indexed as: Harvey v. Evan's Bus Lines

APPEARANCES

Cheryl Harvey, Applicant No one appearing

Evan's Bus Lines, Respondent Terry Muir, Representative

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2Pursuant to a Case Assessment Direction dated July 17, 2014, the Tribunal directed that a summary hearing be convened pursuant to Rule 19A of the Tribunal's Rules of procedure to determine whether the Application should be dismissed on the basis that there was no reasonable prospect that the Application or part of the Application would succeed. In its Case Assessment Direction, the Tribunal directed that the summary hearing would proceed by way of teleconference and advised the parties that a Notice of Summary Hearing would be sent to them by the Registrar's office.

3The Notice of Summary Hearing was sent to the parties on September 10, 2014, advising that the summary hearing would commence at 9:30 a.m. on November 5, 2014. The Notice of Summary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary Hearing was mailed to the applicant at the address provided by her to the Tribunal.

4The summary hearing was convened by teleconference on November 5, 2014 at the scheduled time. The representative for the respondent was present at the summary hearing. The applicant did not attend the hearing.

5I advised those present on the call that the hearing would commence at 10:00 a.m. or whenever the applicant attended on the call, whichever occurred first. At 10:00 a.m. the applicant was still not present.

6I was satisfied at the hearing that the applicant had received notice of the summary hearing. There was no indication that the applicant would not be attending the hearing. In the absence of the applicant or any explanation for her failure to attend the hearing, I dismissed the Application as abandoned.

ORDER

7The Application is dismissed.