Kerry Atkins v. Regional Municipality of Durham, 2011 HRTO 231

Human Rights Tribunal of Ontario

B E T W E E N:

Kerry Atkins

Applicant

-and-

Regional Municipality of Durham, Canadian Union of Public Employees and its Local 132, Linda Doherty, Melody Woodman and Jan Tutton

Respondents

DECISION

Adjudicator: Kathleen Martin

Date: February 1, 2011

Citation: 2011 HRTO 231

Indexed as: Atkins v. Durham (Regional Municipality)

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 June 5, 2009. The respondents Canadian Union of Public Employees and its Local 132, (the “Union”) and Jan Tutton filed a Response on November 9, 2009. The respondents Regional Municipality of Durham, (“Durham”), Linda Doherty and Melody Woodman filed their Response on November 17, 2009.

2All parties consented to mediation of the Application. By Notice dated June 28, 2010 the Tribunal scheduled a mediation session on September 15, 2010. The mediation was rescheduled to November 16, 2010, a date agreeable to all parties, by Notice dated September 27, 2010.

3The Notice of Rescheduled Mediation was mailed to the applicant on September 27, 2010 at the updated address provided by her to the Tribunal in an email sent August 31, 2010. The Notice was not returned to the Tribunal.

4The applicant failed to attend the mediation and did not contact the Tribunal to seek an adjournment. Counsel for both the Union and Durham wrote to ask the Tribunal to dismiss the Application on the basis that it had been abandoned.

5By letter dated December 21, 2010 the Tribunal asked the applicant to advise it of her intentions with respect to the Application. The letter advised the applicant that if she did not respond within 10 days of the date of the letter, the Tribunal would deem the Application abandoned and close its file. The applicant has not responded to the Tribunal’s correspondence and the Tribunal’s letter has not been returned to it.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.