Beverly Landen-Zynoberg v. Enhanced Hearing Corporation, 2011 HRTO 1466

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Beverly Landen-Zynoberg

Applicant

-and-

Enhanced Hearing Corporation

Respondent

DECISION

Adjudicator: Ena Chadha

Date: August 4, 2011

Citation: 2011 HRTO 1466

Indexed as: Landen-Zynoberg v. Enhanced Hearing Corporation

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on November 16, 2009 and the respondent filed a Response on March 17, 2010.

2On September 27, 2010, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held in November 2010. On October 5, 2010, the applicant wrote the Tribunal and indicated that she would not be able to attend mediation until after December 2010.

3By email correspondence dated May 12, 2011 and June 16, 2011, the Tribunal attempted to reschedule the mediation; however, the Tribunal received no communications from the applicant. On June 29, 2011, the Tribunal wrote to the applicant by regular mail and advised the applicant that if she did not respond by July 14, 2011 and inform the Tribunal of her intentions with respect to the Application, the Tribunal would deem the Application abandoned and the close its file. The Tribunal drew the applicant’s attention to Rule 5.4 of the Tribunal’s Rules of Procedure, which states:

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 to the Tribunal by that person.

4As of the date of this Decision, the applicant has not responded to the Tribunal’s emails or letter and the timeline for doing so has elapsed. The applicant has failed to advise the Tribunal of her intentions with respect to the Application.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.