Katherine Craig v. The Great West Life Assurance Company, 2011 HRTO 1736

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Katherine Craig

Applicant

-and-

The Great West Life Assurance Company

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: September 22, 2011

Citation: 2011 HRTO 1736

Indexed as: Craig v. The Great West Life Assurance Company

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 May 5, 2010.

2On February 10, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on April 27, 2011 at Gillespie Reporting Services, 130 Slater Street, Suite 200, Ottawa, Ontario from 10:00a.m. until 1:00p.m. The Notice was mailed to the applicant’s address provided in the Application and was not returned as undeliverable.

3On March 3, 2011, the Tribunal issued a Notice of Rescheduled Mediation to the parties confirming that mediation of the Application would take place May 19, 2011 at Gillespie Reporting Services, 130 Slater Street, Suite 200, Ottawa, Ontario from 10:00a.m. until 1:00p.m. The Notice was mailed to the applicant’s address provided in the Application and was not returned as undeliverable.

4The applicant did not attend the scheduled mediation session on May 19, 2011 and did not communicate with the Tribunal to explain her failure to attend.

5On July 27, 2011, the Tribunal wrote to the applicant directing her to advise 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.

6On August 17, 2011, the Tribunal emailed the applicant to advise her that she had until Wednesday August 24, 2011 to respond to the Tribunal’s July 27th letter. This extension was granted because the July 27th letter had not been sent to the applicant by her preferred method of contact. The applicant was directed to advise the Tribunal of her intentions by August 24, 2011.

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.