HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Valeria Scicluna
Applicant
-and-
Her Majesty the Queen in right of Ontario as represented by the Ministry of Community and Social Services, Peel (Regional Municipality),
Social Benefits Tribunal and Kevin Thatcher and Associates
Respondents
DECISION
Adjudicator: Keith Brennenstuhl
Indexed as: Scicluna v. Ontario (Community and Social Services)
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 August 29, 2016.
2Pursuant to a Case Assessment Direction dated April 10, 2017, the Tribunal directed that a summary/preliminary hearing be convened to determine whether the Application should be dismissed on the basis that there was no reasonable prospect that the Application would succeed or on the basis of delay. In the Case Assessment Direction, the Tribunal directed that the summary/preliminary hearing would proceed by way of teleconference and advised the parties that a Notice of Summary/Preliminary Hearing would be sent to them by the Registrar’s office.
3The Notice of Summary/Preliminary Hearing was sent to the parties on April 10, 2017advising that the summary/preliminary hearing would commence at 1:30 p.m. on July 31, 2017. The Notice of Summary/Preliminary Hearing also advised the parties how to connect to the teleconference. The Notice of Summary/Preliminary Hearing was mailed to the applicant at the address provided by her to the Tribunal and was not returned as undeliverable.
4I am satisfied that the applicant had notice of the Summary/Preliminary Hearing.
5The Summary/Preliminary Hearing was convened by teleconference on July 31, 2017, at the scheduled time. The respondents attended the summary/preliminary hearing and were represented by counsel. The applicant was not in attendance at the commencement of the hearing.
6In accordance with its usual practice, the Tribunal waited until 2:00 p.m. before proceeding.
7At 2:00 p.m. the applicant was not in attendance nor had the applicant communicated with the Tribunal to explain the failure to attend.
8In the circumstances, the Application was dismissed on the basis that the applicant was deemed to have abandoned the Application.
Dated at Toronto, this 1st day of August, 2017.
“Signed By”
Keith Brennenstuhl
Vice-chair