HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Nancy Woodward
Applicant
-and-
Jeffrey Smith
Respondent
DECISION
Adjudicator: Sheri D. Price
Indexed as: Woodward v. Smith
1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”), alleging that the respondent infringed the applicant’s rights under the Code.
2As the parties were advised in a September 29, 2015 Notice of Hearing, the Application was scheduled to be heard commencing at 9:30 a.m. on March 3, 2016 in Toronto. The Notice of Hearing was sent to the applicant at the address provided by her to the Tribunal and was not returned as undeliverable.
3In addition, on February 22, 2016, more than one week before the hearing, the Tribunal issued a Case Assessment Direction in this matter that reiterated the date, time and location of the hearing. The Case Assessment Direction was sent to the parties by courier, regular mail and email and was not returned as undeliverable to the Tribunal
4On March 3, 2016, I convened the in-person hearing at the set time and place. The applicant was not in attendance. The respondent was not in attendance either, but he had telephoned the Tribunal before 9:30 a.m. to say that he was stuck in traffic and was on his way, although he would be late.
5In keeping with the Tribunal’s standard practice, I waited for the applicant to arrive until 10:00 a.m.. The applicant did not arrive by that time and it appears that she has not contacted the Tribunal to explain her failure to attend the hearing at the set time.
6I am satisfied that the applicant received timely and proper notice of the hearing. In the absence of the applicant or any explanation for her failure to attend the hearing, it appears that the applicant has abandoned the Application.
7Accordingly, this Application is dismissed as abandoned.
Dated at Toronto, this 3rd day of March, 2016.
“Signed by”
Sheri D. Price Vice-chair
CORRECTION
The Decision issued on March 3, 2016 provided the incorrect citation for the decision. This error has been corrected.
Dated at Toronto, this 14th day of March, 2016.
“Signed by”
Sheri D. Price
Vice-chair