Joya Blake v. TigerDirect.CA Inc., 2015 HRTO 414

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joya Blake

Applicant

-and-

TigerDirect.CA Inc.

Respondent

DECISION

Adjudicator: Eli Fellman Date: March 30, 2015 Citation: 2015 HRTO 414 Indexed as: Blake v. TigerDirect.CA

APPEARANCES

Joya Blake, Applicant

No one appearing

TigerDirect.CA Inc., Respondent

Ryan Edmonds, Counsel

Introduction

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of age, colour, place of origin and race.

2By way of a Case Assessment Direction (“CAD”) dated January 20, 2015, the Tribunal directed that a Summary Hearing be held to determine whether this Application should be dismissed, in whole or in part, on the basis that it is untimely and/or because there is no reasonable prospect that all or part of it will succeed. The CAD also stated that the scheduled hearing dates are cancelled, and the Summary Hearing will be held by telephone conference call on March 18, 2015 beginning at 9:30 a.m. The CAD was sent to the applicant by regular mail and email on January 20, 2015 at the addresses provided by her to the Tribunal.

3In addition, a Notice of Summary Hearing confirming the time and date of the Summary Hearing and providing information about how to participate in the hearing by telephone was sent to the parties by regular mail on January 20, 2015.

4The Tribunal did not receive any returned mail that was addressed to the applicant, and did not receive any communication from the applicant respecting the scheduled Summary Hearing.

5The Summary Hearing was convened by teleconference on March 18, 2015, at the scheduled time. The respondent’s representative was present at the Summary Hearing. The applicant did not attend the hearing and failed to advise anyone that she would not be attending the hearing.

6I indicated to the respondent that we would wait 30 minutes in order to give the applicant an opportunity to participate in the hearing. After the allotted time, the applicant was still not present.

7I am satisfied that the applicant received timely and proper notice of the Summary Hearing. In the absence of the applicant or any explanation for her failure to attend the hearing, I am dismissing the Application as abandoned.

ORDER

8The Application is dismissed.