HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Linda Humphreys
Applicant
-and-
Darlene Edwards Insurance Agency Ltd.
Respondent
DECISION
Adjudicator: Brian Eyolfson
Indexed as: Humphreys v. Darlene Edwards Insurance Agency
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 January 28, 2010.
2On March 2, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on April 26, 2011 at St. Catharines. The Notice was mailed to the applicant’s address provided in the Application and was returned as undeliverable.
3On April 18, 2011, the Tribunal emailed the applicant the information contained in the Notice of Mediation and noted that she must provide her new mailing address and phone number.
4Mediation did not proceed on April 26, 2011 as the respondent was not available. The Tribunal attempted to reschedule the mediation and canvassed both parties for alternate dates. On June 9, 2011, the Tribunal sent an email to the applicant seeking a response as to which dates as proposed by the respondent were convenient. The email required a response by June 16, 2011.
5The applicant did not communicate with the Tribunal to provide new contact information and available dates for a rescheduled mediation.
6On July 13, 2011, the Tribunal sent a letter 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 by July 27, 2011 may be deemed an abandonment of the Application.
7As 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.
8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 19th day of August, 2011.
“Signed by”
Brian Eyolfson
Vice-chair