Human Rights Tribunal of Ontario
B E T W E E N:
Anita Wohng Applicant
-and-
City of Toronto Respondent
DECISION
Adjudicator: Dawn J. Kershaw Date: October 11, 2016 Citation: 2016 HRTO 1309 Indexed as: Wohng v. City of Toronto
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 November 25, 2015.
2On August 11, 2016, the Tribunal issued a Notice of Confirmation of Summary Hearing (“Notice”) to the parties confirming that the summary hearing would take place on October 7, 2016 at 1:30 p.m. by teleconference call. The Notice was delivered to the applicant at the address provided for her representative and was not returned as undeliverable. I am satisfied that the applicant had notice of the hearing.
3The applicant was not present on the teleconference call at 1:30 p.m. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding. The respondent’s counsel, who had joined the teleconference call at 1:30 p.m. joined the call again at 2:00 p.m. at my direction. The applicant still had not joined the call.
4I am not aware of the Tribunal receiving any indication the applicant would not attend the summary hearing.
5The respondent asked that I review the written submissions it had provided and dismiss the Application on its merits. However, in the absence of the applicant or any explanation for her failure to attend the hearing, the Application is dismissed as abandoned.
ORDER
6The Application is dismissed as abandoned.
Dated at Toronto, this 11^th^ day of October, 2016.
“Signed By”
__________________________________
Dawn J. Kershaw Vice-chair