Cindy Henriques v. York University, 2016 HRTO 1317

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cindy Henriques

Applicant

-and-

York University

Respondent

DECISION

Adjudicator: Maureen Doyle

Date: October 12, 2016

Citation: 2016 HRTO 1317

Indexed as: Henriques v. York University

APPEARANCES

Cindy Henriques, Applicant

No one appearing

York University, Respondent

Leanne De Filippis, Counsel

Introduction

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 August 18, 2015.

2On August 12, 2016, the Tribunal issued a Notice of Preliminary Hearing to the parties confirming that a preliminary hearing of the Application would take place on October 12, 2016 commencing at 9:30 a.m. at the Tribunal’s hearing centre at 655 Bay St, 14th Floor, Toronto, Ontario. The 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 was also emailed to the applicant at the email address provided by her and was not returned as undeliverable.

3I am satisfied that the applicant had notice of the hearing.

4The 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.

5At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

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