Cranston v. CitiFinancial Canada Inc., 2011 HRTO 1287

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Keneisha Cranston

Applicant

-and-

CitiFinancial Canada Inc.

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: July 5, 2011

Citation: 2011 HRTO 1287

Indexed as: Cranston v. CitiFinancial Canada 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 June 4, 2010.

2On December 21, 2010, the respondent filed a Response.

3By letter dated April 15, 2011, counsel for the respondent wrote to the Tribunal with a copy to the applicant requesting that the mediation in the matter scheduled for May 25, 2011 be rescheduled to one of five dates in June 2011 that she was available. The letter also indicated that the respondent had attempted to contact the applicant to discuss alternative mediation dates but had been unsuccessful.

4On April 26, 2011, the Tribunal received an email from counsel for the respondent indicating that the letters she had sent to the applicant concerning the mediation date had been returned and that the telephone number listed for the applicant on the Application had been disconnected. The Tribunal subsequently attempted to contact the applicant but was also unsuccessful.

5By letter dated May 3, 2011, the Tribunal wrote to the parties indicating that the May 25, 2011 mediation date was cancelled and that the parties should provide by May 18, 2011 five mutually agreeable dates for the mediation.

6On May 30, 2011, the Tribunal wrote to the applicant with a copy to counsel for the respondent requesting that the applicant provide by June 10, 2011 dates between July 18, 2011 and September 9, 2011 on which she would be available to reschedule the mediation. The Tribunal’s May 30, 2011 letter advised that if the applicant failed to respond as directed by June 10, 2011 the Application might be dismissed as abandoned.

7To date, the applicant has not responded to the Tribunal’s letters of May 3, 2011 or May 30, 2011, and the letters have not been returned.

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

9The Application is dismissed.