Human Rights Tribunal of Ontario
B E T W E E N:
Razia Fung
Applicant
-and-
Brampton Caledon Community Living and Vanessa Paquin
Respondents
DECISION
Adjudicator: Josée Bouchard
Indexed as: Fung v. Brampton Caledon Community Living
Introduction
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on August 15, 2016.
2On April 26, 2017, the Tribunal issued a Notice of Hearing to the parties confirming that the hearing of the Application would take place on September 21 and 22, 2017 commencing at 9:30 a.m. at the Tribunal’s hearing centre at 655 Bay St, 14th Floor, Toronto, Ontario. The Notice was delivered to then counsel for the applicant by mail and email at the last address and email address provided to the Tribunal and was not returned as undeliverable.
3On June 5, 2017, the applicant made a request to the Tribunal for a change of venue of the hearing. On August 23, 2017, the applicant withdrew her request for a change of venue indicating that she would be in Toronto for two weeks for work during the hearing dates.
4I am satisfied that the applicant had notice of the hearing.
5The 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.
6At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.
7In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 22nd day of September, 2017.
“Signed By”
Josée Bouchard
Vice-chair