Ana (a.k.a. Anita) DeOliveira v. Lakeridge Health, 2017 HRTO 1519

Human Rights Tribunal of Ontario

B E T W E E N:

Ana (a.k.a. Anita) DeOliveira

Applicant

-and-

Lakeridge Health

Respondent

DECISION

Adjudicator: Mary Truemner

Date: November 20, 2017

Citation: 2017 HRTO 1519

Indexed as: DeOliveira v. Lakeridge Health

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 17, 2016.

2On July 21, 2017, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a summary hearing, to determine whether there is no reasonable prospect of success for the Application, would take place by teleconference on November 9, 2017, commencing at 1:30 p.m. The Notice provided contact information for the parties to connect to the conference call. The Notice was delivered to the applicant.

3The applicant emailed the Tribunal on November 1, 2017, indicating:

I'm requesting a full, careful, and thorough revision of my file, by a new adjudicator, on the grounds of the many contradictions/discrepancies found in the "Case Assesment Direction", by Mr. David Muir (Adjudicator). It is obvious there is cognitive failure, and therefore, I will not attend … Nov. 9/17.

4The Registrar responded to the applicant’s email by stating that the Tribunal cannot guarantee which adjudicator will be assigned to any summary hearing. The Registrar advised that the summary hearing would proceed on November 9, 2017 at 1:30 p.m., and provided, again, the contact information for connecting to the conference call. The Registrar asked for the applicant to confirm whether she would attend the summary hearing, and warned that if she did not appear on the conference call by 2:00 p.m. on November 9, 2017, then the Application might be dismissed as abandoned.

5Since her email of November 1, 2017, referenced above, the applicant has not communicated with the Tribunal.

6The applicant was not in attendance at the commencement of the scheduled hearing. In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding. At 2:00 p.m., the applicant was still not in attendance.

7I was satisfied that the applicant had notice of the summary hearing, and, given the circumstances, I granted the respondent’s request for the Application to be dismissed as abandoned.

order

8The Application is dismissed.