HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Maureen Harry
Applicant
-and-
Canadian Federation of Independent Unions, Charlene Nero, St. Michael’s Hospital, Cheryl Adoranti, Catherine Valentini and Denise Wilson
Respondents
DECISION
Adjudicator: Douglas Sanderson
Indexed as: Harry v. Canadian Federation of Independent Unions
APPEARANCES
Maureen Harry, Applicant
No one appearing
Canadian Federation of Independent Unions (CNFIU), Charlene Nero, Respondents
Erin Hallock, Counsel
St. Michael’s Hospital, Cheryl Adoranti, Catherine Valentini and Denise Wilson, Respondents
Michelle Henry, Counsel
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of colour, ethnic origin and race. The Tribunal scheduled a summary hearing by teleconference for December 4, 2017, commencing at 9:30 a.m., to address whether the Application should be dismissed for delay or because it has no reasonable prospect of success.
2The applicant did not attend the hearing. In accordance with its usual practice, the Tribunal waited until 10 a.m. until proceeding with the hearing. The respondents submitted that the Tribunal should dismiss the Application as abandoned.
3I am satisfied that the applicant had notice of the hearing. The Tribunal sent the Notice of Summary Hearing (the “Notice”) to the address the applicant has used in correspondence with the Tribunal and there is no indication that the document was undelivered. Further, the applicant requested an adjournment of the summary hearing on Friday, December 1, 2017 in order to retain counsel. The date for the summary hearing was set peremptorily on the applicant and the Tribunal denied the adjournment request. The Notice set out the potential consequences of failing to attend the hearing, which included that the Tribunal may “dismiss the Application as abandoned” if the applicant does not attend. Accordingly, the applicant knew or ought to have known that the Application could be dismissed if she failed to attend the summary hearing.
4In view of the applicant’s non-attendance, the Application is hereby dismissed as abandoned.
Dated at Toronto, this 4th day of December, 2017.
“Signed by”
Douglas Sanderson
Vice-chair