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Cristal Brown v. Skechers USA Inc., 2010 HRTO 2076

October 13, 2010

Cristal Brown v. Skechers USA Inc., 2010 HRTO 2076

Case Summary

The applicant filed a human rights application against the respondent. After a mediation date was rescheduled at the respondent's request, the applicant failed to respond to the Tribunal's communications regarding new dates. The Tribunal warned the applicant that failure to respond would result in the application being deemed abandoned. As the applicant did not respond within the specified time, the application was deemed abandoned and dismissed.

Human Rights Tribunal of Ontario

B E T W E E N:

Cristal Brown

Applicant

-and-

Skechers USA Inc.

Respondent

DECISION

Adjudicator: Brian Cook

Date: October 13, 2010

Citation: 2010 HRTO 2076

Indexed as: Brown v. Skechers USA

[1] The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on April 28, 2009 and the respondent filed a Response on December 2, 2009.

[2] Both parties indicated that they agreed to attend mediation, and on July 7, 2010, the Tribunal scheduled a mediation session for September 8, 2010. On July 13, 2010, counsel for the respondent asked that the date for mediation be changed as he was not available on September 8, 2010. The request was granted by the Tribunal.

[3] The Tribunal contacted the parties to consult about a new date. The applicant has not responded to the request for dates. On September 8, 2010, the Tribunal wrote to the applicant and stated that the applicant must advise the Tribunal in writing of her intentions with respect to the Application. The applicant was advised that if she did not respond within ten days, the Tribunal would deem that she had abandoned the Application.

[4] The Tribunal has not received any response to this letter and the time for doing so has now passed.

[5] In the circumstances, the applicant is deemed to have abandoned the Application.

[6] The Application is dismissed.

Dated at Toronto, this 13^th day of October, 2010.

“Signed by”

Brian Cook

Vice-chair