Dadson v. Durham College, 2011 HRTO 1301

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Darlene Dadson

Applicant

-and-

Durham College

Respondent

DECISION

Adjudicator: Alan G. Smith

Date: July 7, 2011

Citation: 2011 HRTO 1301

Indexed as: Dadson v. Durham College

BACKGROUND

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 March 24, 2009, and the respondent filed a Response on May 5, 2009.

2By mutual agreement, both parties attended Tribunal sponsored mediation on January 26, 2010, however the Application was not settled. The respondent subsequently requested a second mediation date.

3On November 20, 2010, the Tribunal contacted the parties to schedule a second mediation.

4The respondent provided available dates to the Tribunal on December 1, 2010, with a copy of the correspondence sent to the applicant. The applicant failed to respond to the request for available dates.

5By correspondence dated December 21, 2010, the Registrar directed the applicant to advise the Tribunal of her intentions with respect to her Application. The applicant was further advised that if she did not respond within 10 days of the date of the correspondence, the Tribunal would deem the Application abandoned and the close its file.

6As of the date of this Decision, the applicant has not responded to the Tribunal’s correspondence, nor has the Tribunal’s correspondence to her been returned.

DECISION

7Rule 5.4 of the Tribunal’s Rules of Procedure provide:

The Tribunal may finally determine an application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided by the Tribunal by that person.

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

ORDER

9The Application is dismissed.