Human Rights Tribunal of Ontario
B E T W E E N:
Christine Burt
Applicant
-and-
David Chapman’s Ice Cream Limited
Respondent
DECISION
Adjudicator: Michelle Flaherty
Indexed as: Burt v. David Chapman’s Ice Cream
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 April 19, 2011.
2On June 23, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on August 23, 2011 at 1:30 pm at Toronto. The Notice was mailed to the applicant’s address provided in the Application and was not returned as undeliverable.
3The applicant did not attend the scheduled mediation session on August 23, 2011 and did not communicate with the Tribunal to explain the failure to attend.
4On September 8, 2011, the Tribunal wrote the applicant 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.
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 11th day of October, 2011.
“signed by’
Michelle Flaherty
Vice-chair