Roseline Dorcin v. Small Claims Court of Ontario, 2017 HRTO 1445

Human Rights Tribunal of Ontario

B E T W E E N:

Roseline Dorcin Applicant

-and-

Small Claims Court of Ontario Respondent

DECISION

Adjudicator: Maureen Doyle
Date: November 2, 2017
Citation: 2017 HRTO 1445
Indexed as: Dorcin v. Small Claims Court of Ontario

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 November 7, 2016.

2On August 11, 2017, the Tribunal issued a Notice of Confirmation of Preliminary Hearing to the parties confirming that hearing of the Application would take place on October 19, 2017 commencing at 9:30 a.m. by teleconference. The Notice was delivered to the applicant at the last address provided by the applicant to the Tribunal and was not returned as undeliverable.

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

4The 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.

5At 10:00 a.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.

6In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.