HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Susan Holita
Applicant
-and-
Morguard Nar Canada Limited Partnership and Rouge Valley Residence
Respondents
DECISION
Adjudicator: Jennifer Scott
Date: April 11, 2016
Citation: 2016 HRTO 456
Indexed as: Holita v. Morguard Nar Canada Limited Partnership
APPEARANCES
Susan Holita, Applicant
No one appearing
Morguard Nar Canada Limited Partnership and Rouge Valley Residence, Respondents
Martin Zarnett, Counsel
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on August 13, 2015.
2On November 2, 2015, the Tribunal issued a Notice of Hearing to the parties confirming that hearing of the Application would take place on April 8, 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 address provided by her in the Application and was not returned as undeliverable.
3I am satisfied that the applicant had notice of the hearing.
4On December 23, 2015, the Tribunal was advised that the Human Rights Legal Support Centre (the “Centre) was representing the applicant.
5By email dated March 30, 2016, the Tribunal was advised that the Centre was no longer retained by the applicant. The Tribunal was advised to contact the applicant at the address provided by the applicant on the Application. The applicant was also copied on this email. The email address used for the applicant was the email address provided on the Application.
6The applicant was not in attendance at the commencement of the scheduled hearing on April 8, 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. In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
ORDER
8The Application is dismissed as abandoned.
Dated at Toronto, this 11th day of April, 2016.
“signed by”
_________________________________
Jennifer Scott
Vice-chair