Desiree Caron v. Stackhouse Pizza and Sub Co., 2015 HRTO 932

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Desiree Caron

Applicant

-and-

Stackhouse Pizza and Sub Co.

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: July 15, 2015

Citation: 2015 HRTO 932

Indexed as: Caron v. Stackhouse Pizza and Sub Co.

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 October 29, 2014.

2By Case Assessment Direction (“CAD”) dated April 22, 2015, the Tribunal indicated that a conference call would be scheduled in this matter to hear submissions on how to proceed with this Application, and that the parties would be provided with notice of the conference call.

3On April 30, 2015, the Tribunal delivered a Notice of Confirmation of Hearing (“Notice”) to the parties confirming that a preliminary hearing had been scheduled by conference call for June 30, 2015, commencing at 9:30 a.m., and providing information to connect to the conference call. The Notice advised that the hearing would deal with the issues identified in the April 22, 2015 CAD, and that if the applicant did not attend the hearing after receiving proper notice, the Tribunal may dismiss the Application as abandoned.

4No one was in attendance at the commencement of the scheduled conference call hearing on June 30, 2015. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding. At 10:00 a.m. no one was in attendance, nor had anyone communicated with the Tribunal to explain the failure to attend.

5The CAD and Notice were delivered to the applicant by both regular mail and email at addresses the applicant provided in the Application, and were not returned as undeliverable. I am satisfied that the applicant had notice of the hearing.

6In the circumstances, the Application is dismissed on the basis that the applicant is deemed to have abandoned the Application.