Angela Gordon v. Anthony Ash, 2016 HRTO 36

Human Rights Tribunal of Ontario

B E T W E E N:

Angela Gordon Applicant

-and-

Anthony Ash Respondent

DECISION

Adjudicator: Jennifer Scott Date: January 13, 2016 Citation: 2016 HRTO 36 Indexed as: Gordon v. Ash

Introduction

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on April 10, 2015.

2On April 17, 2015, the Tribunal issued a Notice of Application to the respondent in which it directed that a Response must be filed with the Tribunal no later than May 22, 2015. The respondent did not file a Response.

3By Interim Decision dated August 26, 2015 (2015 HRTO 1134), the Tribunal made an order deeming the respondent to have accepted the allegations in the Application and deemed the respondent to have waived all rights to further notice in this proceeding. The Tribunal directed a case management conference call be scheduled to determine how the matter should proceed.

4On September 2, 2015, the Tribunal issued a Notice of Confirmation of Hearing (the “Notice”) to the applicant confirming that the hearing (case management conference call) would take place on January 13, 2016 from 9:30 to 10:30 a.m. 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 advised the applicant that if she did not attend the hearing, the Application could be dismissed as abandoned.

5I am satisfied that the applicant had notice of the hearing.

6The applicant was not in attendance at the scheduled hearing on January 13, 2016. In accordance with its usual practice, the Tribunal waited until 10:00 a.m. before proceeding.

7At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

8In the circumstances, the Application is dismissed on the basis that the applicant is deemed to have abandoned the Application.