HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Trina Bordeleau
Applicant
-and-
Oar House Restaurant and Carmine Talarico
Respondents
DECISION
Adjudicator: Douglas Sanderson
Indexed as: Bordeleau v. Oar House Restaurant
APPEARANCES
Trina Bordeleau, Applicant
Jamie McGinnis, Counsel
Oar House Restaurant and Carmine Talarico, Respondents
Mark Palombi, Counsel
1This Application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleges discrimination with respect to employment because of sex.
2The hearing of this matter was scheduled for Thursday, September 15, 2016 at 10 a.m. in Thunder Bay, Ontario. The applicant's counsel, Ms. McGinnis, and the respondents and their counsel attended the hearing. The applicant did not attend. Shortly before the hearing was to commence, Ms. McGinnis advised the Tribunal and the respondents that the applicant had sent her a text message to the effect that the applicant had slept in and missed her ride to Thunder Bay. The applicant resides in Marathon, Ontario, which is approximately 300km from Thunder Bay. Ms. McGinnis stated that she was attempting to get instructions regarding the applicant's intentions. Ms. McGinnis succeeded in receiving instructions and I convened the hearing to take submissions.
3Ms. McGinnis reiterated that the applicant had missed her ride to Thunder Bay and would not attend the hearing. She submitted that her instructions from the applicant were to abandon the Application. The respondents agreed with this submission, but noted that it was unfortunate that, in these circumstances, there were no costs consequences for the applicant's actions.
4In the circumstances, the Application is dismissed as abandoned.
Dated at Toronto, this 20th day of September, 2016.
"Signed By"
Douglas Sanderson
Vice-chair