AJ by his Litigation Guardian Stephanie Jewell v. Royal Victoria Regional Health Centre, 2016 HRTO 613

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

AJ by his Litigation Guardian Stephanie Jewell

Applicant

-and-

Royal Victoria Regional Health Centre

Respondent

DECISION

Adjudicator: Jo-Anne Pickel

Date: May 6, 2016

Citation: 2016 HRTO 613

Indexed as: AJ by his Litigation Guardian Stephanie Jewell v. Royal Victoria Regional Health Centre

APPEARANCES

Royal Victoria Regional Health Centre, Respondent

Shane Smith, Counsel

Introduction

1The applicant filed an Application alleging discrimination contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On February 12, 2016, the Tribunal issued a Notice of Preliminary Hearing ("Notice") to the parties confirming that a preliminary hearing of the Application was scheduled to take place by teleconference on May 6, 2016 at 9:30 a.m. The Notice provided a phone number that the parties were directed to call in order to participate in the summary hearing. The Notice was delivered to the applicant as well as the other parties. I am satisfied that the applicant received the Notice because it was sent to her by mail and e-mail to the addresses she provided in her Application and addresses she has used to communicate with the Tribunal in the past.

3The preliminary hearing was convened by teleconference on May 6, 2016 at the scheduled time. Neither the applicant nor her representative called into the preliminary hearing teleconference at 9:30 a.m. In accordance with its usual practice, the Tribunal waited until 10 a.m. before proceeding.

4At 10 a.m., neither the applicant nor her representative had called into the preliminary hearing, nor did either of them communicate with the Tribunal to advise that they were unable to take part.

5I asked the respondent for its submissions on the appropriate next steps in the circumstances. The respondent submitted that the Application should be dismissed as abandoned.

ORDER

6In the absence of the applicant or her representative or any explanation for their failure to attend the preliminary hearing, I orally dismissed the Application as abandoned. This Decision confirms that oral ruling.