Bourque v. The Corporation of the City of Sarnia, 2014 HRTO 548

Human Rights Tribunal of Ontario

B E T W E E N:

Patricia Bourque

Applicant

-and-

The Corporation of the City of Sarnia

Respondent

DECISION

Adjudicator: Eric Whist Date: April 16, 2014 Citation: 2014 HRTO 548 Indexed as: Bourque v. Sarnia (City)

1This is an Application filed on November 23, 2009, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application alleges discrimination with respect to employment on the basis of disability.

2In an Interim Decision dated July 23, 2013, 2013 HRTO 1282, the Tribunal dismissed the Application's principal allegations on the basis of delay but did determine that the allegations in relation to the respondent's actions in March and April 2009 would proceed. The Tribunal subsequently scheduled a hearing to consider these allegations for April 17, 2014.

3On April 15, 2014, the applicant's representative e-mailed a letter to the Tribunal stating that his office had made numerous attempts to contact the applicant by telephone without success, since November 2013. He indicated that his office had also sent letters via mail and most recently by courier in an attempt to make contact with the applicant. He indicated that his office was able to confirm with the applicant's physician that the address and phone number they had on file was consistent with the physician's information. The applicant's representative stated that his office had contacted the applicant's place of work and were informed that the applicant had been retired for over a year. He indicated the applicant had not notified his office of her retirement nor has she made any contact with his office, notwithstanding the repeated attempts to contact her.

4The applicant's representative concluded his letter by stating that under the circumstances he had no option but to request a withdrawal of the Application and to that end attached a Form 9 with his letter.

DECISION

5Form 9 is the means by which a party communicates its intention to withdraw from an Application. Given the circumstances of this case I do not find that the applicant's representative can file such a request on behalf of the applicant. The representative does not know, given his lack of contact with the applicant, that the applicant's intention is to withdraw her Application.

6However, the Tribunal is satisfied that there is enough information before it to find that the applicant has abandoned her Application and it dismisses the Application on this basis. The applicant's representative has been unable to establish contact with the applicant despite varied and repeated efforts to reach her. The applicant has failed to maintain contact with her representative. There is no indication that the applicant is actively pursuing her Application. Given these circumstances, the Application is dismissed.