A.S. v. Huron Shores Gymnastics and Trampoline Club, 2015 HRTO 1226

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

A.S., as represented by her Litigation Guardian, T.P.

Applicant

-and-

Huron Shores Gymnastics and Trampoline Club, John Craig and Erin McNally

Respondents

DECISION

Adjudicator: Alison Renton

Date: September 16, 2015

Citation: 2015 HRTO 1226

Indexed as: A.S. v. Huron Shores Gymnastics and Trampoline Club

APPEARANCES

A.S. by her Litigation Guardian, T.P., Applicant

No one appearing

Huron Shores Gymnastics and Trampoline Club and John Craig, Respondents

John Craig, Representative

Erin McNally, Respondent

No one appearing

1This Application alleges breach of settlement contrary to section 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The respondents Huron Shores Gymnastics and Trampoline Club and John Craig filed a joint Response denying the allegations against them. It is unclear whether the personal respondent Erin McNally was ever delivered a copy of the Application.

3A Notice of Hearing Contravention of Settlement (“the Notice”) was issued by the Tribunal to the parties scheduling a conference call hearing for September 14, 2015 at 9:30 a.m. The Notice set out the consequences of failing to attend the call, including the Tribunal dismissing the Application as abandoned if the applicant failed to attend. The Notice was sent by regular mail to the applicant’s home address, as indicated on the Application, and was not returned to the Tribunal.

4On September 14, 2015, the applicant failed to attend the call at 9:30 a.m., but the respondents Huron Shores Gymnastics and Trampoline Club and John Craig called in. In accordance with its practice, the Tribunal held down the start of the conference call hearing until 10:00 a.m.

5At 10:00 a.m., the applicant still has not call into the conference call hearing, or otherwise communicated with the Tribunal. At this point, the Tribunal orally dismissed the Application as abandoned against all the respondents, which it now confirms in this Decision.