Human Rights Tribunal of Ontario
BETWEEN:
Nadia Buchanan Applicant
-and-
San Romanoway Revitalization Association and Stephanie Payne Respondents
DECISION
Adjudicator: Ena Chadha Date: March 17, 2011 Citation: 2011 HRTO 537 Indexed as: Buchanan v. San Romanoway Revitalization Association
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on May 15, 2009, the respondents filed a Response on December 8, 2009, and the applicant filed a Reply on January 29, 2010.
2On September 14, 2010, the Tribunal issued a Notice of Mediation to the parties advising that mediation in this matter would be held on November 9, 2010, commencing at 9:30 am. The parties previously had indicated their willingness to attend mediation. The Notice of Mediation also indicated that if the parties were unable to attend on the mediation at the scheduled time the parties were required to notify the Tribunal’s Registrar within five days of receiving the Notice.
3The applicant failed to attend the mediation on November 9, 2010 at 9:30 am. The respondents attended on that date and waited with the Tribunal mediator for the applicant to appear. The mediator excused the respondents after 40 minutes and, given the applicant’s absence, the mediation was cancelled. The applicant arrived after the cancellation of the mediation.
4By correspondence dated January, 2011, the Tribunal required the applicant to write to the Tribunal and advise of her intentions with respect to the Application. The Tribunal’s letter indicated that if the applicant did not respond within 10 days of the date of the correspondence, the Tribunal would deem the Application abandoned and close its file. This correspondence was copied to the applicant’s legal representative.
5On March 1, 2011, the Tribunal again corresponded with the applicant, care of the applicant’s alternate contact, and directed the applicant to advise the Tribunal in writing within 10 days as to her intentions regarding the Application. This correspondence was also copied to the applicant’s legal representative.
6To date, the applicant has failed to contact the Tribunal or respond to the Tribunal’s correspondence. In the circumstances, the applicant is deemed to have abandoned the Application. Accordingly, the Application is dismissed.
Dated at Toronto, this 17th day of March, 2011
"Signed By"
_________________________________
Ena Chadha Vice-chair