Stacey Lashmar v. 106475 Ontario Inc. o/a Tim Horton’s, 2015 HRTO 55

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stacey Lashmar

Applicant

-and-

106475 Ontario Inc. o/a Tim Horton’s

Respondent

DECISION

Adjudicator: David Muir

Date: January 15, 2015

Citation: 2015 HRTO 55

Indexed As: Lashmar v. 106475 Ontario Inc.

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability. The hearing is scheduled to begin on January 16, 2015.

2In response to Directions made to the applicant to provide a response to an allegation made by the respondent in its Response to the Application, the applicant’s representative wrote to the Tribunal on December 30, 2014, requesting an adjournment of the hearing. The stated reason for the adjournment was that the applicant’s representative had been unable to contact the applicant, despite several attempts to do so.

3In a Case Assessment Direction dated January 8, 2015, the request to adjourn the hearing was denied for reasons to follow, if requested by any party.

4In the same Case Assessment Direction the applicant was directed to confirm her intention to attend at the hearing scheduled to take place on January 16, 2015, before 5:00 p.m. Tuesday, January 13, 2015, failing which the hearing date would be cancelled and the Application dismissed as abandoned. The Case Assessment Direction was sent to all parties and directly to the applicant personally by mail and courier.

5The applicant has not communicated in any way with the Tribunal since the Directions were issued on January 8, 2015. The applicant’s representative did contact the Tribunal by telephone on January 14, 2015, and indicated that he has been unable to contact the applicant for some time and is unable to confirm that the applicant will attend the hearing. The applicant’s representative also indicated that because of other matters, he was unable to communicate with the Tribunal and respondent in writing. In the circumstances, Tribunal staff forwarded a record of contact with the information above to the respondent and myself.

6In all of the circumstances it appears that the applicant has abandoned the Application and for that reason the hearing scheduled to begin on January 16, 2015 is cancelled and the Application dismissed.