HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Joedi-Anne Phillips
Applicant
-and-
Toronto Community Housing Corporation
Respondent
DECISION
Adjudicator: Genevieve Debane
Indexed as: Phillips v. Toronto Community Housing Corporation
Introduction
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On February 19, 2016 the Tribunal issued a Notice of Summary Hearing to the parties confirming that a summary hearing would be held on May 19, 2016 at 9:30 a.m via telephone conference. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.
3On May 17, 2016, the applicant sent an e-mail to the Tribunal in which she wrote:
“I would like to request an extension for the Summary Hearing being held on May 19, 2016 at 9:30 am. I have a case being heard at the Landlord and Tenant Board on May 17. I would like to use this decision in the Summary Hearing and is unsure if the decision will be made in time for the Hearing.
4On the same day the Tribunal responded as follows to the applicant’s email:
“The Vice Chair assigned to this matter has reviewed the request and has determined that the matter will proceed as scheduled. The issue raised by the Applicant can be addressed at the onset of the hearing.”
5I am satisfied that the applicant had notice of the hearing.
6The applicant was not in attendance at the commencement of the scheduled hearing. 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.
8In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 20^th^ day of May, 2016.
“signed by”
Genevieve Debane
Vice-chair