Human Rights Tribunal of Ontario
Between:
Angela Haskins Applicant
-and-
TNS Canadian Facts and Her Majesty the Queen in Right of Ontario as Represented by the Minister of Labour Respondents
Decision
Adjudicator: Ena Chadha Date: June 15, 2009 Citation: 2009 HRTO 837 Indexed as: Haskens v. TNS Canadian Facts
1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on July 24, 2008. The Application alleges discrimination in employment and services on the ground of ethnic origin.
2In an earlier Interim Decision, 2008 HRTO 287, the Tribunal directed the Registrar to schedule mediation given that all parties had indicated an interest in participating in mediation. The mediation was scheduled for January 21, 2009. However, before that mediation date, the applicant requested that the mediation be cancelled and advised the Tribunal that she would be filing a Request to Withdraw because the parties had reached a resolution outside of the Tribunal’s process.
3In the circumstances, by way of letter dated January 20, 2009, the Tribunal cancelled the mediation and confirmed the Tribunal’s requirement that a Request to Withdraw (Form 9) must be submitted to the Tribunal and copied to all parties.
4Since advising of her request to cancel the mediation and her intention to withdraw, the applicant has not corresponded or otherwise contacted the Tribunal.
5By correspondence dated April 9, 2009, the Tribunal advised the applicant of Rule 5.4 which authorizes the Tribunal to finally determine an application without further notice to any person who cannot be contacted by the Tribunal. The Tribunal further advised that if the applicant did not respond within 10 days of the date of that correspondence, the Tribunal would deem her to have abandoned the Application and the file would be closed. The Tribunal has not been contacted nor received any correspondence from the applicant in response to the April 9, 2009 letter from the Tribunal.
6The Application is dismissed as abandoned, pursuant to Rule 5.4 of the Rules of Procedure.
Dated at Toronto, this 15th day of June, 2009
“Signed By”
Ena Chadha Vice-chair

