Stacey Morton v. TwoTyler Enterprises (Tim Hortons), 2010 HRTO 2225

Human Rights Tribunal of Ontario

B E T W E E N:

Stacey Morton Applicant

-and-

TwoTyler Enterprises (Tim Hortons) Respondent

DECISION

Adjudicator: Sherry Liang Date: November 5, 2010 Citation: 2010 HRTO 2225 Indexed as: Morton v. TwoTyler Enterprises

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 October 13, 2009.

2On July 14, 2010, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on September 15, 2010, at the Tribunal’s hearing centre. The Notice was sent to the applicant’s address provided in her Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on September 15, 2010, and did not communicate with the Tribunal to explain her failure to attend.

4On October 12, 2010, the Tribunal wrote the applicant to require her to advise it of her intentions with respect to her Application within ten days of the date of the letter. The letter went on to warn the applicant that a failure to respond would be deemed an abandonment of the Application. As of the date of this Decision, the applicant has not responded to the Tribunal and the Tribunal’s correspondence has not been returned.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.