HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jennifer Benstead
Applicant
-and-
Darryl Farr, Wanda Vanzutphen and Andrew Schornagel
Respondents
DECISION
Adjudicator: Mary Truemner
Indexed as: Benstead v. Farr
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 May 29, 2014.
2On December 11, 2014, the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that hearing of the Application would take place on April 27, 2015, commencing at 10:00 a.m. in Room 1 at 150 King Street, Ground floor, St Catharines, Ontario. The Notice was delivered to the applicant who subsequently confirmed that she would attend.
3I am satisfied that the applicant had notice of the hearing.
4The applicant was not in attendance at the commencement of the scheduled hearing. All of the respondents were self-represented and did attend. In accordance with its usual practice, the Tribunal waited until 10:30 a.m. before proceeding.
5By 10:30 a.m., the applicant had still not appeared, nor had the applicant communicated with the Tribunal to explain the failure to attend.
6In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 1st day of May, 2015.
“Signed by”
Mary Truemner
Vice-chair