HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Chandrowty De Nicola
Applicant
-and-
Toronto Community Housing Corporation
Respondent
DECISION
Adjudicator: Sheri Price
Indexed as: De Nicola v. Toronto Community Housing Corporation
APPEARANCES
Chandrowty De Nicola, Applicant
No one appearing
Toronto Community Housing Corporation, Respondent
Suzanne Nigra, Representative
1This is an Application under s.45.9 of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended.
2On July 4, 2014, the Tribunal sent the parties a Notice of Hearing advising that the Application would be heard from 9:30 a.m. to 12:30 p.m. on November 21, 2014. The Notice of Hearing confirmed that the parties were required to submit their witness statements and the documents they intended to rely upon at the hearing no later than 21 days before the scheduled hearing (i.e. by October 31, 2014).
3The Notice of Hearing was mailed to the applicant at the address provided by her to the Tribunal and was not returned to the Tribunal as undeliverable. In addition, it appears that the Notice of Hearing was received by the applicant, because the applicant wrote to the Tribunal from the address provided by her in the Application on July 16, 2014, “rebutting” the respondent’s Response to the Application. The applicant also submitted documents pertaining to her Application under cover of a letter dated October 29, 2014.
4The hearing of the Application was convened on November 21, 2014 at the scheduled time. The respondent was in attendance. The applicant was not.
5I advised those present that the hearing would commence at 10:00 a.m. or when the applicant attended, whichever occurred first.
6By 10:00 a.m., the applicant had still not appeared.
7I was satisfied at the hearing that the applicant had received timely and proper notice of the hearing of the Application. I am not aware of the Tribunal having received any indication that the applicant was unable to attend the November 21, 2014 hearing.
8In the absence of the applicant or any explanation for her failure to attend the hearing, I dismissed the Application as abandoned at the hearing.
ORDER
9The Application is dismissed.
Dated at Toronto, this 21st day of November, 2014.
“signed by”
Sheri Price
Vice-chair