HUMAN RIGHTS TRIBUNAL OF ONTARIO

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B E T W E E N:

2020 HRTO 20 (CanLII)

Breanne Boracheff
Applicant
-and-

Diane Kerr
Respondent

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DECISION
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Adjudicator: Darren Thorne

Date: January 10, 2020

File Number: 2018-34634-I

Citation: 2020 HRTO 20

Indexed as: Boracheff v. Kerr

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 APPEARANCES

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Breanne Boracheff, Applicant ) No one appearing
)
)

2020 HRTO 20 (CanLII)

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Diane Kerr, Respondent ) Self-represented
)
)

2
[1] This 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 creed and age. The Tribunal scheduled a summary hearing by
teleconference for January 8, 2020, commencing at 1:30 p.m., to address whether the
Application should be dismissed because it has no reasonable prospect of success

2020 HRTO 20 (CanLII)

[2] The applicant did not attend the hearing. In accordance with its usual practice,
the Tribunal waited until 2:00 p.m. before proceeding with the hearing. The respondent’s
position was that the Tribunal should dismiss the Application as abandoned.

[3] I am satisfied that the applicant had notice of the hearing. On September 20,
2019, the Tribunal sent the Notice of Summary Hearing (the “Notice”) to the address
and email address the applicant has used in correspondence with the Tribunal and
there is no indication that the document was undelivered. 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.

[4] In view of the applicant’s non-attendance, the Application is dismissed as

abandoned.

ORDER

[5] For the above reasons, the Application is dismissed.

Dated at Toronto, this 10th day of January, 2020.

“Signed by”
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Darren Thorne
Vice-chair