Celene Jackson v. Carole McNulty, 2009 HRTO 1494

Human Rights Tribunal of Ontario

B E T W E E N:

Celene Jackson

Applicant

-and-

Carole McNulty

Respondent

DECISION

Adjudicator: Brian Cook

Date: September 17, 2009

Citation: 2009 HRTO 1494

Indexed as: Jackson v. McNulty

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on April 7, 2009 and the respondent filed a Response on May 22, 2009. Both parties consented to mediation.

2On July 14, 2009, the Tribunal sent a notice of mediation. The session was scheduled for September 25, 2009. The respondent contacted the Tribunal on July 24, 2009 to advise that she was not available on September 25. She provided alternate dates when she was available.

3The Tribunal attempted to reach the applicant by telephone to discuss rescheduling the mediation. Two phone messages were left. A third attempt was not successful because the applicant’s voice mail box was full. The Tribunal sent a letter to the applicant on August 27, 2009 asking her to contact the Tribunal to clarify her intentions with respect to the Application. The applicant was advised that if she did not contact the Tribunal within ten days the Tribunal would deem the Application withdrawn and close its file. The applicant has not responded to the Tribunal’s letter.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.