Desjardins v. Riverside Sportsmen Club, 2017 HRTO 1639

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Susan Desjardins

Applicant

-and-

Riverside Sportsmen Club

Respondent

DECISION

Adjudicator: David Muir

Date: December 8, 2017

Citation: 2017 HRTO 1639

Indexed as: Desjardins v. Riverside Sportsmen Club

APPEARANCES

Susan Desjardins, Applicant

No one appearing

Riverside Sportsmen Club, Respondent

Franko Marcelloni, Representative

1This Application is filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) and alleges discrimination with respect to employment because of gender identity, age and reprisal. On the face of the Application, it is clear that the applicant’s allegations also relate to the ground of sex.

2In a Case Assessment Direction issued on August 23, 2017 the Tribunal directed that a summary hearing be held determine whether this Application should be dismissed, in whole or in part, because it had no reasonable prospect of success and/or pursuant to section 45. 1 of the Code.

3On September 15, 2017 the Tribunal issued a Notice of Summary Hearing to the parties confirming that hearing of the Application would take place on December 8, 2017 commencing at 1:30 p.m. by telephone conference call.

4The Notice was sent by email and regular mail.

5There is no indication that the Notice of Summary Hearing was not received and I am satisfied that the applicant had notice of the hearing. In fact on December 1, 2017 a representative of the applicant contacted the Tribunal requesting documents from the file for the purpose of advising the applicant in anticipation of the hearing.

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

7At 2:00 p.m. the applicant was not on the conference call nor had the applicant communicated with the Tribunal to explain the failure to attend.

8In the circumstances, the Application was dismissed at the hearing on the basis that the applicant was deemed to have abandoned the Application.