HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Alexandra Falcioni
Applicant
-and-
Arvato Digital Services Canada Inc./Bertelsmann
Respondent
DECISION
Adjudicator: Ena Chadha
Indexed as: Falcioni v. Arvato Digital Services Canada
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 February 26, 2009 and the respondent filed a Response on June 30, 2009.
2On September 4, 2009, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on November 13, 2009. 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 and were required to provide alternate dates. No such notification was received from the applicant.
3The applicant failed to attend the mediation on November 13, 2009. The respondent attended on that date and waited with the Tribunal mediator for the applicant to appear. Given the applicant’s absence, the mediation was cancelled.
4On November 26, 2009, the Tribunal sent out a Notice of Rescheduled Mediation to the parties advising that another mediation in this matter would be held on January 12, 2010. Shortly before the mediation, the applicant advised the Tribunal that she wished to withdraw the Application. However, in May 2010, the applicant wrote to the Tribunal and indicated that she wished to continue with the Application. Consequently, the Tribunal corresponded with the parties on May 21, 2010 and advised that another mediation was rescheduled for November 3, 2010.
5As before, the Notice of Mediation again 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 and were required to provide alternate dates. No such notification was received from the applicant.
6The applicant failed to attend the mediation on November 3, 2010. The respondent attended on that date and waited with the Tribunal mediator for the applicant to appear. Given the applicant’s absence, the mediation was cancelled.
7On November 5, 2010, the respondent filed with the Tribunal and served on the applicant a Request for Order During Proceedings requesting that the Tribunal dismiss the Application for abuse of process. The respondent submits that the Tribunal should treat the Application as abandoned given the applicant’s repeated failure to attend at mediation.
8On November 10, 2010, the respondent forwarded correspondence from the applicant which indicated that she wished to cancel the Application. As of the date of this Decision, the applicant has not responded to the respondent’s request to dismiss and the time for doing so has elapsed.
9In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.
Dated at Toronto, this 26^th^ day of November, 2010.
“Signed by”
Ena Chadha
Vice-chair