HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Dawn Bayles
Applicant
-and-
Granson De Sharm Restaurants Inc. And Diana Edwards
Respondents
DECISION
Adjudicator: Alan G. Smith
Indexed as: Bayles v. Granson De Sharm Restaurants
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 August 14, 2009.
2On April 23, 2010, the Tribunal issued a Confirmation of Hearing to the parties confirming that a hearing of the Application would take place on September 7 and 8, 2010 at Toronto. The Notice was mailed to the applicant’s address provided in the Application and was not returned as undeliverable.
3On July 20, 2010 and August 3, 2010 the applicant wrote to the Tribunal via email requesting that the hearing dates be rescheduled. The Tribunal adjourned the hearing and canvassed the parties for new hearing dates.
4On June 17, 2011, the applicant wrote to the Tribunal in response to attempts to obtain new hearings dates. The applicant advised:
“I have already cancelled this, as I have a job that requires me to travel! I am not able to take any time off…”
5The Tribunal made several attempts to contact the applicant via telephone and email in order to clarify her intention with respect to this Application.
6On July 8, 2011 the Tribunal wrote to the applicant via email directing that she advise it of her intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing within ten days would be deemed an abandonment of the Application.
7As of the date of this Decision the applicant has not responded to the Tribunal.
8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 17th day of August, 2011.
”signed by”__________
Alan G. Smith
Member