Wolfe v. Amco Storage Inc., 2011 HRTO 1231

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ann Wolfe

Applicant

-and-

Amco Storage Inc., Ivan Csaszar and Mark Howe

Respondents

DECISION

Adjudicator: David A. Wright

Date: June 28, 2011

Citation: 2011 HRTO 1231

Indexed as: Wolfe v. Amco Storage Inc.

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 April 14, 2010.

2On January 21, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on March 17, 2011 between 2:00pm and 5:00pm at 400 City Hall Square East, Windsor, Ontario.

3At the request of counsel for the respondents and with the consent of the applicant, the mediation was rescheduled to May 10, 2011. On February 4, 2011, the Tribunal issued a Notice of Rescheduled Mediation to the parties confirming that the mediation of the Application had been rescheduled to May 10, 2011 between 2:00pm and 5:00pm at 400 City Hall Square East, Windsor, Ontario. The Notice of Rescheduled Mediation was mailed to the most current address on file at the Tribunal for the applicant and was not returned as undeliverable.

4The applicant did not attend the scheduled mediation session on May 10, 2011 and did not communicate with the Tribunal to explain the failure to attend.

5On May 12, 2011, the Tribunal wrote the applicant directing that she advise it in writing by May 24, 2011 whether she intended to proceed with the Application. The letter warned the applicant that if she failed to respond to the letter by May 24, 2011 the Tribunal might deem the Application to be abandoned.

6On June 1, 2011, the applicant called the Tribunal and advised that she would not be responding.

7As of the date of this Decision, the applicant has not provided a written response to the Tribunal’s May 12, 2011 letter and the Tribunal’s correspondence to her has not been returned.

8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.