Susan Phillips v. Blommer Chocolate Company, 2015 HRTO 765

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Susan Phillips

Applicant

-and-

Blommer Chocolate Company

Respondent

DECISION

Adjudicator: Eli Fellman

Date: June 9, 2015

Citation: 2015 HRTO 765

Indexed as: Phillips v. Blommer Chocolate Company

1On February 27, 2015, the Tribunal scheduled a hearing in respect of this Application for July 7-8, 2015, in Kingston. However, the respondent’s Counsel is not available on these dates. In accordance with Tribunal’s Practice Direction on Scheduling Hearings, the respondent sent a letter to the applicant by both regular mail and email on March 10, 2015 proposing a number of alternate hearing dates.

2The Tribunal did not receive a reply from the applicant respecting the respondent’s letter. Therefore, Tribunal staff sent the applicant an email on March 12, 2015 asking her to provide two consecutive hearing dates by March 19, 2015.

3The Tribunal did not receive a reply to the March 12, 2015 email. Therefore, the Tribunal sent a Registrar’s letter to the applicant by both regular mail and email on May 7, 2015. This letter notes that the applicant has failed to provide the Tribunal with alternate hearing dates as requested in the March 12, 2015 email, and asks her to confirm her intention to proceed with the Application. The letter also states that if the applicant does not respond by May 14, 2015, the Tribunal may consider the Application to have been abandoned in accordance with Tribunal Rule of Practice 5.4.

4Tribunal staff sent the applicant a further email on May 27, 2015 advising that the Tribunal has not received a reply to the May 7, 2015 letter. The email indicates that any response from the applicant must be received by June 3, 2015.

5It is now past the June 3, 2015 deadline and the Tribunal has not received any communication from the applicant.

6In the circumstances, it appears that the applicant has abandoned the Application. Accordingly, the Application is dismissed as abandoned.

ORDER

7The Application is dismissed as abandoned and the July 7-8, 2015 hearing dates are cancelled.