Ashley Gliddon-Marren v. Thomkess Crane Rentals and Brad Thomson, 2015 HRTO 823

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ashley Gliddon-Marren Applicant

-and-

Thomkess Crane Rentals and Brad Thomson Respondents

DECISION

Adjudicator: Yola Grant

Date: June 19, 2015

Citation: 2015 HRTO 823

Indexed as: Gliddon-Marren v. Thomkess Crane Rentals

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), in 2014, and settled it in writing with the respondents on September 24, 2014. The applicant further filed the instant Application alleging breach of settlement under s.45.9 of the Code pertaining to the payment of general damages without tax withholding.

2On March 30, 2015, the Tribunal issued a Notice of Hearing to the parties by regular mail confirming that hearing of the Application would take place on June 18, 2015, commencing at 9:30 a.m. at the Tribunal’s hearing centre at 655 Bay Street, 14th Floor, Toronto, Ontario.

3The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable. The notice is deemed delivered by regular mail five days after the date of mailing.

4The respondent Brad Thomson appeared on his own behalf and as President of the corporate respondent Thomkess Crane Rentals.

5The applicant was not in attendance at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding. At 10:00 a.m., the applicant was not in attendance nor had the applicant communicated with the Tribunal by any method to explain the failure to attend.

6I am satisfied that the applicant had notice of the hearing. In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.