Cynthia Zajaczkowski v. Goodlife Fitness, 2017 HRTO 1581

Human Rights Tribunal of Ontario

Between:

Cynthia Zajaczkowski Applicant

-and-

Goodlife Fitness Respondent

Decision

Adjudicator: Sophie Martel Date: November 29, 2017 Citation: 2017 HRTO 1581 Indexed as: Zajaczkowski v. Goodlife Fitness

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on April 28, 2017.

2On September 7, 2017, the Tribunal issued a Notice of Summary Hearing to the parties confirming that a summary hearing by teleconference would take place on November 23, 2017, commencing at 1:30 p.m. The Notice was delivered to the applicant by mail at the last address she provided to the Tribunal and was not returned as undeliverable. The Notice was also delivered to the applicant by email.

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 2:00 p.m. before proceeding.

5At 2:00 p.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.