Human Rights Tribunal of Ontario
BETWEEN:
Elizabeth Kyer Applicant
-and-
Jamzoc Holdings Ltd. and Debbie Meagher Respondents
DECISION
Adjudicator: Brian Eyolfson Date: August 3, 2011 Citation: 2011 HRTO 1452 Indexed as: Kyer v. Jamzoc Holdings
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 November 26, 2009.
2On August 24, 2010, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on December 16, 2010 at the St. Catharines Public Library, 54 Church Street, St. Catharines, Ontario.
3On January 24, 2011 and February 2, 2011, the Tribunal wrote the applicant, with copies to the respondent, confirming a telephone conversation on December 15, 2010, in which the applicant’s representative indicated to the Tribunal the applicant’s intention to withdraw the Application. The letters enclosed a Form 9 (Request to Withdraw) and Form 23 (Statement of Delivery) with direction to complete and return the forms. The January 24, 2011 and February 2, 2011 letters warned if the Tribunal did not receive the requested information by January 31, 2011 and February 9, 2011, respectively, the file would be closed.
4The Tribunal again wrote to the applicant on April 6, 2011, with a copy to the respondent, directing the applicant to advise the Tribunal and the respondent in writing whether she intended to proceed with the Application. The letter went on to warn the applicant that failure to respond to the Tribunal’s letter within 10 days of the date of the letter might result in the Tribunal deeming the Application to be abandoned.
5As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence to her has not been returned.
6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 3^rd^ day of August, 2011.
”signed by”____________
Brian Eyolfson Vice-chair