Yatco-Carter v. Blue Suede Sues Inc., 2015 HRTO 75

Human Rights Tribunal of Ontario

Between:

Richelene Yatco-Carter Applicant

-and-

Blue Suede Sues Inc. Respondent

Decision

Adjudicator: Alison Renton Date: January 19, 2015 Citation: 2015 HRTO 75 Indexed as: Yatco-Carter v. Blue Suede Sues Inc.

Appearances

Richelene Yatco-Carter, Applicant No one appearing

1This Application was filed on February 6, 2014 and alleges discrimination with respect to employment because of age and sex, including pregnancy, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The respondent did not file a Response.

3An Interim Decision, 2014 HRTO 1399, was issued by the Tribunal deeming the respondent to have accepted all of the allegations set out in the Application, and waiving all rights to notice or participation in the proceedings because it failed to file a Response. The Tribunal stated that it would schedule a one-hour case management conference call with the applicant to discuss, amongst other issues, whether the applicant wished to have an oral hearing or have the Tribunal decide the Application based upon the written materials filed.

4A Notice of Case Management Conference Call ("the Notice") was issued by the Tribunal on October 21, 2014 scheduling the case management conference call for January 16, 2015 at 1:30 p.m. The Notice set out the consequences of failing to attend the call, including the Tribunal dismissing the Application as abandoned if the applicant failed to attend. The Notice was sent to the applicant's home address, as indicated on the Application, by regular mail and was not returned to the Tribunal.

5On January 16, 2015, the applicant failed to attend the call at 1:30 p.m. and she did not otherwise communicate with the Tribunal to advise that she was unable to attend. Accordingly, in these circumstances, the Application is dismissed as abandoned.