Natalie DiMichele v. Lightyear Media Inc., 2016 HRTO 997

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Natalie DiMichele

Applicant

-and-

Lightyear Media Inc.

Respondent

DECISION

Adjudicator: Laurie Letheren
Date: July 28, 2016
Citation: 2016 HRTO 997
Indexed as: DiMichele v. Lightyear Inc.

Appearances

Natalie DiMichele, Applicant
No one Appearing

Lightyear Media Inc., Respondent
K.C. Wysynski, Counsel

1This is an Application filed under section 34 of Part IV of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment.

2By way of a Case Assessment Direction ("CAD") dated March 30, 2016, the Tribunal directed that a Summary Hearing be held to determine whether this Application should be dismissed, in whole or in part, because there is no reasonable prospect that all or part of the Application will succeed.

3A Notice of Summary Hearing indicating the time and date of the Summary Hearing and providing information about how to participate in the hearing by telephone was sent to the parties by email and regular mail on June 13, 2016.

4The applicant contacted the Tribunal by email on June 24, 2016 to make an inquiry "for some guidance about what to expect at the Summary Hearing on July 28"; therefore, it is evident that she received the Notice. The Tribunal did not receive any further communication from the applicant.

5The Summary Hearing was convened by teleconference on July 28, 2016, at 9:30 a.m., the scheduled time. A representative from the respondent and its legal counsel were present on the Summary Hearing call. The applicant did not attend on the telephone hearing at 9:30 a.m. and had not advised the Tribunal that she would not be attending.

6I indicated to the respondent that we would wait 30 minutes in order to give the applicant an opportunity to participate in the hearing. At 10:00 a.m., the applicant was still not present.

7I am satisfied that the applicant received timely and proper notice of the Summary Hearing. In the absence of the applicant or any explanation for her failure to attend the hearing, I am dismissing the Application as abandoned.

ORDER

8The Application is dismissed.