HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Katherine Lin
Applicant
-and-
Soo Wong
Respondent
DECISION
Adjudicator: Sheri Price
Indexed as: Lin v. Wong
APPEARANCES
Katherine Lin, Applicant
No one appearing
Soo Wong, Respondent
Jack Siegel, Counsel
1This is an Application under s. 34 the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleging that the respondent infringed the applicant’s rights under the Code.
2Pursuant to a Case Assessment Direction dated May 8, 2015, the Tribunal directed, on its own initiative, that a summary hearing be convened pursuant to Rule 19A of the Tribunal’s Rules of Procedure to determine whether the Application should be dismissed on the basis that there was no reasonable prospect that it would succeed. In its Case Assessment Direction, the Tribunal directed that the summary hearing would proceed by way of conference call and advised the parties that the Tribunal would send them notice of the hearing setting out the time and date of the hearing and information regarding how to connect to the call.
3The Notice of Summary Hearing was sent to the parties on June 24, 2015, advising that the summary hearing would commence at 1:30 p.m. on September 18, 2015. The Notice of Summary Hearing also advised the parties how to connect to the conference call. The Notice of Summary Hearing was mailed to the applicant at the address provided by her to the Tribunal and was not returned as undeliverable.
4The Summary Hearing was convened by conference call on September 18, 2015, at the set time. The respondent attended the summary hearing and was represented by counsel. The applicant did not attend the hearing.
5I advised those present on the call that the hearing would commence at 2:00 p.m. or when the applicant attended on the call, whichever occurred first.
6By 2:00 p.m., the applicant had still not attended on the call.
7I was satisfied at the hearing that the applicant had received timely and proper notice of the summary hearing. I was not aware of the Tribunal having received any indication that the applicant would not be attending the September 18, 2015 summary 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 18th day of September, 2015.
Signed by
Sheri Price
Vice-chair