Topic v. Interim Place South, 2015 HRTO 519

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dragana Topic

Applicant

-and-

Interim Place South

Respondent

DECISION

Adjudicator: Jennifer Scott

Date: April 23, 2015

Citation: 2015 HRTO 519

Indexed as: Topic v. Interim Place South

APPEARANCES

Interim Place South, Respondent

Sabrina Lucibello, Counsel

Introduction

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on August 22, 2014.

2On November 12, 2014, the Tribunal issued a Notice of Intent to Dismiss the Application because it appeared the Application was out of time and because it was not clear what incident of discrimination was being alleged in the Application. The Notice of Intent to Dismiss was sent to the applicant by regular mail and by email at the addresses provided by the applicant in her Application.

3The applicant provided her submissions on the Notice of Intent to Dismiss on December 12, 2014 by email. The email was sent from the address provided by the applicant in her Application.

4On December 30, 2014, the Tribunal issued a Case Assessment Direction directing that a Summary Hearing be held to determine if the Application had a reasonable prospect of success. The Case Assessment Direction was sent to the applicant by regular mail and by email at the addresses provided by the applicant in her Application.

5On January 27, 2015, the Tribunal issued a Notice of Summary Hearing scheduling the Summary Hearing for April 15, 2015 from 9:30 a.m. to 12:30 p.m. The Notice of Summary Hearing was sent to the applicant by regular mail and by email at the addresses provided by the applicant in her Application.

6None of the above correspondence sent to the applicant was returned to the Tribunal as undeliverable. I am satisfied that the applicant received notice of the Summary Hearing.

7The applicant did not attend the Summary Hearing on April 15, 2015 at 9:30 a.m. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. for the applicant to attend.

8It appears from the applicant's failure to attend the Summary Hearing that the applicant has abandoned the Application. In these circumstances, the Application is dismissed as abandoned.