Fatiha Khaldi v. SNC-Lavalin Nic. and Margaret Boughs, 2010 HRTO 1806

Human Rights Tribunal of Ontario

B E T W E E N:

Fatiha Khaldi

Applicant

-and-

SNC-Lavalin Nic. and Margaret Boughs

Respondents

DECISION

Adjudicator: Ena Chadha

Date: September 2, 2010

Citation: 2010 HRTO 1806

Indexed as: Khaldi v. SNC-Lavalin

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 September 30, 2009 and the respondent filed a Response on December 2, 2009.

2On March 5, 2010, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on July 21, 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 July 8, 2010, the Tribunal sent out an additional Notice of Mediation advising that the mediation was scheduled to proceed for half a day on July 21, 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 21, 2010, and did not contact the Tribunal in this regard. The respondents 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 28, 2010, the Tribunal directed the applicant to notify the Tribunal within ten days of the date of the letter as to the applicant’s intentions with respect to the Application. The Tribunal indicated that if the applicant did not respond within 10 days of the date of the correspondence, the Tribunal would deem the Application abandoned and the close its file.

6As of the date of this Decision, the applicant has not responded to the Tribunal’s correspondence and the time for doing so has elapsed.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.