Lori Coture v. Alykhan Damji, 2017 HRTO 1383

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lori Coture

Applicant

-and-

Alykhan Damji

Respondent

DECISION

Adjudicator: Eban Bayefsky

Date: October 18, 2017

Citation: 2017 HRTO 1383

Indexed as: Coture v. Damji

Introduction

1The applicant filed an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the ground of disability.

2A hearing in respect of the Application was scheduled for September 29, 2017, in Toronto.

3On the morning of the hearing, the applicant called the Tribunal to advise that she would not be able to attend the hearing because her daughter had been in an accident. The Tribunal advised her to confirm this in an email to the Registrar, with a copy to the respondent. The Tribunal did not receive any email from the applicant as directed and the applicant did not attend the hearing.

4The respondent attended the hearing and advised that the applicant had emailed him that morning, as follows:

I’m emailing to advise that I cannot make the hearing today as my daughter was in an accident with my car last night on homer Watson bv and Hanson av and I have no vehicle to get to Toronto.

I guess just dismiss it.

5The respondent did not ask for the case to be dismissed, and, in fact, submitted that the applicant’s daughter could well have been in an accident given the particular location involved. The respondent also asked about the possibility of resolving the matter.

6Upon hearing the respondent’s submissions, I adjourned the hearing and indicated that I would issue directions as to the next steps in the proceeding.

7On October 2, 2017, I issued a Case Assessment Direction (“CAD”) indicating the next steps, as follows:

(i) By no later than October 6, 2017, the applicant must confirm whether she wishes to proceed with her Application.

(ii) If the applicant has not responded by October 6, 2017, the Application may be dismissed as abandoned.

(iii) Subject to the applicant’s response, a resumption of the hearing will be scheduled by the Tribunal, with an opportunity for the parties to engage in mediation/adjudication at the commencement of the hearing.

(iv)The Tribunal is directed to provide the parties with a Mediation/Adjudication Agreement along with this Case Assessment Direction.

8I remained seized of the case.

9The applicant did not file anything with, or otherwise contact, the Tribunal, and the time to do so has now passed.

order

10In all of the circumstances, the Application is dismissed as abandoned.