HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ana Mora Applicant
-and-
Cymat Technologies Ltd. Respondent
DECISION
Adjudicator: Ena Chadha Date: July 28, 2010 Citation: 2010 HRTO 1615 Indexed as: Mora v. Cymat Technologies
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on May 28, 2009 and the respondent filed a Response on August 24, 2009.
2On March 4, 2010, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on July 5, 2010. Both parties previously had indicated their willingness to attend mediation. The Notice of Mediation also indicated that if the parties were unable to attend on the scheduled mediation date the parties were required to notify the Tribunal’s Registrar within five days of receiving the Notice. No such notification was received from the applicant.
3On June 18, 2010, the Tribunal sent out an additional Notice of Mediation advising that the mediation was scheduled to proceed for half a day on July 5, 2010. This Notice reiterated that the parties were required to notify the Tribunal’s Registrar within five days if they were unable to attend on the scheduled mediation date. Again, no such notification was received from the applicant.
4The applicant failed to attend the mediation on July 5, 2010. Counsel for the respondent together with a client representative attended on that date and waited with the Tribunal mediator for the applicant to appear. Given the applicant’s absence, the mediation was cancelled.
5By correspondence dated July 13, 2010, the Tribunal advised the applicant that if she did not respond within 10 days of the date of the correspondence, the Tribunal would deem the Application abandoned and the close its file. As of the date of this Decision, the applicant has not responded to the Tribunal’s correspondence and the time for doing so has elapsed.
6In the circumstances, the applicant is deemed to have abandoned the Application.
7The Application is dismissed.
Dated at Toronto, this 28th day of July, 2010.
“Signed By”
__________________________________ Ena Chadha Vice-chair