Izabella Sokolowska v. Nexonia Inc., 2015 HRTO 187

Human Rights Tribunal of Ontario

B E T W E E N:

Izabella Sokolowska

Applicant

-and-

Nexonia Inc.

Respondent

DECISION

Adjudicator: Ken Bhattacharjee

Date: February 10, 2015

Citation: 2015 HRTO 187

Indexed as: Sokolowska v. Nexonia Inc.

1On February 4, 2015, the Tribunal issued an Interim Decision, which denied the applicant’s request to adjourn and reschedule the hearing on February 6, 2015, and provided the following direction to her:

The applicant is directed to inform the Tribunal and the respondent by no later than 12:00 Noon tomorrow (Thursday, February 5, 2015) whether she will be attending the hearing. If she informs the Tribunal and the respondent that she will not be attending the hearing, or fails to comply with this direction, the Application will be dismissed.

2On the morning of February 5, 2015, the applicant sent the Tribunal and the respondent an email, which indicated that she would be attending the hearing, but on the afternoon of the same day, she sent the Tribunal and the respondent a further email, which indicated that she had changed her mind, and would not be attending the hearing.

3The Tribunal has a duty to dispose of applications fairly, justly and expeditiously. See section 40 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, and Rule 1.1 of the Tribunal’s Rules of Procedure. This duty is not only in relation to applicants, but also in relation to respondents, who may expend significant resources responding to human rights Applications, and to the public, whose tax dollars fund the Tribunal. See Ouwroulis v. New Locomotion, 2009 HRTO 335 at paras. 4-7.

4It is the applicant’s responsibility to attend the hearing and provide evidence in support of the allegations raised in the Application. In the absence of such evidence, the Tribunal is unable to proceed with the Application and there is no onus or responsibility on the respondent to provide evidence in response to allegations.

5The Application is dismissed.