Schell v. Ontario Line & Tree Services 2010 Ltd., 2017 HRTO 1024

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amber Schell

Applicant

-and-

Ontario Line & Tree Services 2010 Ltd.

Respondent

DECISION

Adjudicator: Dawn J. Kershaw
Date: August 10, 2017
Citation: 2017 HRTO 1024
Indexed as: Schell v. Ontario Line & Tree Services 2010 Ltd.

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”), on May 18, 2016.

2On September 26, 2016 the respondent filed its Response and a Form 10 Request for an Order During Proceedings in which it requested a summary hearing.

3On May 3, 2017, the Tribunal issued a Notice of Summary Hearing (the “Notice”) to the parties confirming that the preliminary hearing would take place on August 8, 2017 commencing at 9:30 a.m. by teleconference. The Notice was delivered to the applicant by mail and e-mail to the address and e-mail address of her alternative contact as requested by the applicant in an August 15, 2016 e-mail. Neither the e-mail or the mail was returned to the Tribunal as undeliverable.

4I am satisfied that the applicant had notice of the summary hearing.

5The applicant did not join the teleconference call at the commencement of the scheduled summary hearing. In accordance with its usual practice, the Tribunal waited until 10 a.m. before proceeding.

6At 10:00 a.m. the applicant had not joined the summary hearing teleconference call nor had the applicant communicated with the Tribunal to explain the failure to join the call.

7In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.