Human Rights Tribunal of Ontario
B E T W E E N:
Sonia Chisholm Applicant
-and-
The Corporation of the City of Markham and Jack Heath Respondents
DECISION
Adjudicator: Jo-Anne Pickel Date: July 2, 2014 Citation: 2014 HRTO 963 Indexed as: Chisholm v. Markham (City)
APPEARANCES
The Corporation of the City of Markham and Jack Heath, Respondents
Carla Nassar, Counsel
1The applicant filed an Application alleging discrimination under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2On December 19, 2013, the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that hearing of the Application would commence on July 2, 2014, at 9:30 a.m. at the Tribunal's hearing centre at 655 Bay St, 14th Floor, Toronto, Ontario. The Notice was delivered to the applicant at the address provided by the applicant to the Tribunal and was not returned as undeliverable.
3On May 26, 2014 the Tribunal issued a Case Assessment Direction ("CAD") directing the applicant to file her witness statements and the documents she intended to rely upon at the hearing. The applicant received the CAD. In response to the CAD, the applicant filed a witness statement on June 1, 2014.
4The applicant was not in attendance at the commencement of the first scheduled hearing date. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.
5At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.
6After hearing submissions from the respondents, the Tribunal issued an oral ruling that the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
7The applicant commenced a legal proceeding when she filed her Application with the Tribunal. It is the applicant's responsibility to participate in this proceeding by taking the necessary steps to pursue it, including attending the hearing scheduled to consider the allegations raised in the Application. She has not done so. As the applicant received timely and proper notice of the hearing and has failed to attend this hearing, the Application is dismissed as abandoned.
Dated at Toronto, this 2nd day of July, 2014.
"Signed By"
__________________________________
Jo-Anne Pickel Vice-chair