Sahira Bedri v. Cactus Restaurants Ltd., 2017 HRTO 1073

Human Rights Tribunal of Ontario

Between:

Sahira Bedri Applicant

-and-

Cactus Restaurants Ltd. Respondent

Decision

Adjudicator: Dawn J. Kershaw Date: August 17, 2017 Citation: 2017 HRTO 1073 Indexed as: Bedri v. Cactus Restaurants Ltd.

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 July 13, 2016.

2On May 25, 2017, the Tribunal issued a Notice of Preliminary Hearing (the “Notice”) to the parties confirming that the preliminary hearing would take place on August 16, 2017, commencing at 1:30 p.m. by teleconference. The Notice was delivered to the applicant by mail and e-mail at the last address and e-mail address provided by the applicant to the Tribunal and was not returned as undeliverable.

3I am satisfied that the applicant had notice of the preliminary hearing.

4The applicant did not join the teleconference call at the commencement of the scheduled preliminary hearing. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding.

5At 2:00 p.m., the applicant had not joined the preliminary hearing teleconference call nor had the applicant communicated with the Tribunal to explain the failure to join the call. The respondent advised at this time that this is not the first time the applicant has abandoned an Application.

6In the circumstances, given that the applicant did not attend the summary hearing, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.

Order

7The Application is dismissed as abandoned.