Human Rights Tribunal of Ontario
B E T W E E N:
Karen O'Neil Applicant
-and-
Util Canada Inc. Respondent
DECISION
Adjudicator: Brian Eyolfson Date: February 22, 2016 Citation: 2016 HRTO 227 Indexed as: O'Neil v. Util Canada Inc.
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 July 23, 2014.
2On September 16, 2015, the Tribunal delivered a Notice of Hearing ("Notice") to the parties confirming that a hearing had been scheduled for February 22 and 23, 2016, at 655 Bay Street, 14th Floor, Toronto, Ontario, staring at 9:30 a.m. The Notice advised that the purpose of the hearing was to determine the Application, and that if the applicant did not attend the hearing after receiving proper notice, the Tribunal may dismiss the Application as abandoned.
3Neither party was in attendance at the commencement of the scheduled hearing on February 22, 2016. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding. At 10:00 a.m., neither party was in attendance, nor had anyone communicated with the Tribunal to explain the failure to attend.
4The Notice was delivered to the applicant by regular mail at an address the applicant provided in the Application, and was not returned as undeliverable. I am satisfied that the applicant had notice of the hearing.
5In the circumstances, the Application is dismissed on the basis that the applicant is deemed to have abandoned the Application.
Dated at Toronto, this 22nd day of February, 2016.
"Signed By"
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Brian Eyolfson Vice-chair