beachesboy@aol.com v. Fleming

beachesboy@aol.com v. Fleming

Because the complainant failed to attend or cooperate, did not provide a reasonable adjournment proposal, and was the sole witness for the Commission, the complaint could not be substantiated and the Tribunal dismissed the complaint under s.53(1) of the Canadian Human Rights Act.

Citation
2008 CHRT 8
Parties
Complainant: beachesboy@aol.com; Commission: Canadian Human Rights Commission; Respondent: Heather Fleming; Respondent: Ronald Fleming
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
20 March 2008
Procedural Posture
Collection / Hearing/decision
Outcome
Complaint dismissed under s.53(1) of the Canadian Human Rights Act.
Legal Topics
Adjournment Request, Failure to Attend Hearing, Dismissal for Non‑prosecution, Subpoena, Expeditious Inquiry
Source Language
English
Human Rights Law Adjournment Request Failure to Attend Hearing Dismissal for Non‑prosecution Subpoena Expeditious Inquiry

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Parties

beachesboy@aol.com

Complainant

Canadian Human Rights Commission

Commission

Heather Fleming

Respondent

Ronald Fleming

Respondent

Procedural Posture

Collection / Hearing/decision

Legal Issues

  1. 1 Whether the complaint should be dismissed where the complainant and respondents failed to attend the hearing and the complainant sought a lengthy adjournment
  2. 2 Whether a three‑month adjournment was reasonable given the Tribunal's obligation to proceed expeditiously
  3. 3 Whether the Commission should have issued a subpoena for the complainant's attendance

Ratio Decidendi

Because the complainant failed to attend or cooperate, did not provide a reasonable adjournment proposal, and was the sole witness for the Commission, the complaint could not be substantiated and the Tribunal dismissed the complaint under s.53(1) of the Canadian Human Rights Act.

Court Disposition

Complaint dismissed under s.53(1) of the Canadian Human Rights Act.

Orders

  • Matter adjourned to March 5, 2008 prior to final disposition
  • Complaint dismissed under s.53(1) of the Canadian Human Rights Act