Mathurin v. DeKoven, 2014 HRTO 637

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marie Myrlande Mathurin

Applicant

-and-

Joel DeKoven

Respondent

DECISION

Adjudicator: Naomi Overend

Date: May 5, 2014

Citation: 2014 HRTO 637

Indexed as: Mathurin v. DeKoven

APPEARANCES

Marie Mathurin, Applicant

No one appearing

Joel DeKoven, Respondent

Anne Posno, Counsel

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on November 12, 2013. The Tribunal issued a Case Assessment Direction on December 16, 2013, indicating that it would hold a summary hearing by teleconference to determine whether the Application should be dismissed as having no reasonable prospect of success.

2On January 15, 2014, the Tribunal issued a Notice of Summary Hearing to the parties confirming that the summary hearing of the Application would take place by teleconference on May 5, 2014, commencing at 1:30 p.m. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable. Moreover, counsel for the respondent wrote a letter to the Tribunal, which was copied to the applicant, confirming the respondent’s participation in the hearing on May 5, 2014. I am satisfied that the applicant had notice of the summary hearing.

3The applicant did not join the teleconference at the commencement of the scheduled summary hearing. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding.

4At 2:00 p.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

5In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.