Tonka Misetich v. Value Village Inc. and Savers Inc., 2015 HRTO 778

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tonka Misetich

Applicant

-and-

Value Village Inc. and Savers Inc.

Respondents

-and-

Ontario Human Rights Commission

Intervenor

DECISION

Adjudicator: Jennifer Scott

Date: June 11, 2015

Citation: 2015 HRTO 778

Indexed as: Misetich v. Value Village Stores Inc.

APPEARANCES

Tonka Misetich, Applicant

No one appearing

Value Village Stores Inc. and Savers Inc., Respondents

Kathryn Bird, Counsel

1This matter proceeded to a hearing on December 17 and 18, 2014. The evidence was not completed during these hearing days.

2The Tribunal contacted the parties in January 2015 regarding their availability to schedule further hearing days. The Tribunal gave the parties continuation dates in June 2015. The applicant advised that she was available on all of the June dates.

3Hearing continuation dates were set for June 10 and 15, 2015 by Notice of Hearing dated February 10, 2015. The Notice of Hearing was sent by regular mail to the applicant’s address on file. There was no communication from the applicant that her address had changed. Indeed, there was no communication from the applicant with the Tribunal between February 2015 and June 10, 2015. The Notice of Hearing was not returned to the Tribunal.

4The hearing proceeded on June 10, 2015. The applicant did not attend the hearing and in accordance with the Tribunal’s usual practice, I waited an additional 30 minutes for the applicant to attend. I also made inquiries of Tribunal staff as to whether the applicant had contacted the Tribunal regarding her inability to attend the hearing on June 10, 2015. There was no communication from the applicant to the Tribunal.

5The applicant’s failure to attend the hearing continuation on June 10, 2015, together with her failure to communicate with the Tribunal, leads to the conclusion that she has abandoned this Application. Accordingly, the Application is dismissed as abandoned.

ORDER

6The Application is dismissed as abandoned and the hearing date of June 15, 2015 is cancelled.