name: Sanusi v. Brown
unofficial_text: Sanusi v. Brown
  Collection
  Canadian Human Rights Tribunal
  Date
  2004-07-26
  Neutral citation
  2004 CHRT 33
  File number(s)
  T841/9103
  Decision-maker(s)
  Pensa, Claude, Q.C.
  Decision Content
  CANADIAN HUMAN RIGHTS TRIBUNAL TRIBUNAL CANADIEN DES DROITS DE LA PERSONNE SERINA SANUSI
  Complainant
  - and -
  Leroy Brown
  Respondent
  REASONS FOR DECISION
  MEMBER: Claude Pensa, Q.C.
  2004 CHRT 33
  2004/07/26
  [1] This hearing was convened on Monday, July 26, 2004 in Toronto. At the commencement of the hearing, the Tribunal Registry Officer read the Case for Hearing and called for appearances. Mr. D. McLeod was present and appeared on behalf of the respondent, Leroy Brown, who was also in attendance.
  [2] The complainant, Serina Sanusi was not present at the hearing, nor was anyone present who appeared on her behalf.
  [3] The Tribunal adjourned for 15 minutes and upon resumption of the hearing, the Registry Officer asked whether Serina Sanusi or a representative of Serina Sanusi was in attendance at the proceedings. This was the second time this was asked and again there was no response.
  [4] The affidavit of service of Donna Chiappa, Process Server, was filed. The affidavit set out that the complainant, Serina Sanusi, was personally served on July 16, 2004 with a Tribunal letter dated July 13, 2004, which enclosed a Tribunal letter dated June 4, 2004 with the following enclosures: copy of the CHRT Interim Rules of Procedure, the Tribunal Publication What Happens Next", as well as a revised Notice of Postponement indicating that this hearing would proceed on July 26, 2004 at the Federal Court of Canada in Toronto, Ontario. These documents were filed as Tribunal Exhibit no. T-1.
  [5] The Canadian Human Rights Commission did not attend the hearing and did not call any evidence or provide any evidence in support of the complaint. No evidence was called by the complainant in support of the complaint.
  [6] Accordingly, I find that the complaint has not been substantiated and the complaint is hereby dismissed under s. 53(1) of the Canadian Human Rights Act.
  Signed by
  Claude Pensa
  TORONTO, Ontario
  July 26, 2004
  PARTIES OF RECORD
  TRIBUNAL FILE:
  T841/9103
  STYLE OF CAUSE:
  Serina Sanusi v. Leroy Brown
  DATE AND PLACE OF HEARING:
  July 26, 2004
  Toronto, Ontario
  DECISION OF THE TRIBUNAL DATED:
  July 26, 2004
  (Written decision forwarded to the parties on November 3, 2004)
  APPEARANCES:
  Mr. D. McLeod
  For the Respondent, Leroy Brown
  