C.R. v. Peregrine Co-operative Homes, 2016 HRTO 146

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

C.R.

Applicant

-and-

Peregrine Co-operative Homes

Respondent

A N D B E T W E E N:

A.R. by his Litigation Guardian, C.R.

Applicant

-and-

Peregrine Co-operative Homes

Respondent

DECISION

Adjudicator: Dawn J. Kershaw
Date: February 1, 2016
Citation: 2016 HRTO 146
Indexed as: C.R. v. Peregrine Co-operative Homes

APPEARANCES

Peregrine Co-operative Homes, Respondent

Luke Saites, Counsel

1These are two Applications for contravention of settlement under section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), that have been consolidated. Each alleges a breach of the confidentiality term of a settlement that was reached in respect of two earlier Applications to the Tribunal, 2014-19352-I and 2014-19466-I (“the previous Applications”).

2The Tribunal scheduled a preliminary hearing by telephone for February 1, 2016, commencing at 1:30 p.m., to address the alleged contravention. The respondent attended.

3C.R. is both an applicant and the litigation guardian for the applicant, A.R. C.R. did not attend the hearing. In accordance with its usual practice, the Tribunal waited until 2 p.m. before proceeding with the hearing. The respondent submitted that the Tribunal should dismiss the Applications as abandoned.

4I am satisfied that the applicants had notice of the hearing. The Tribunal sent the Notice to the address C.R. has used in correspondence, and which she has not changed with the Tribunal. The Notice was not returned to the Tribunal. The Notice set out potential consequences of failing to attend the hearing, which included that the Tribunal may “dismiss the Application as abandoned if the applicant fails to attend”.

5In view of C.R.’s non-attendance, the Applications are hereby dismissed as abandoned.