Sretana Novic v. Loyalty One Inc., 2011 HRTO 615

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sretana Novic

Applicant

-and-

Loyalty One Inc.

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: March 29, 2011

Citation: 2011 HRTO 615

Indexed as: Novic v. Loyalty One

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, 2010 and the respondent filed a Response on July 15, 2010. Both parties indicated that they agreed to attend mediation and by letter dated February 8, 2011 the Tribunal sent a Notice of Mediation to the parties, setting March 29, 2011 as the date for the mediation session.

2However Canada Post returned the Notice of Mediation sent to the applicant and indicated that she had moved. By correspondence dated March 10, 2011 the Tribunal advised the applicant that the Tribunal had been unable to contact her by phone. The Tribunal drew the applicant’s attention to Rule 5.4 of the Tribunal’s Rules of Procedure and warned that if she did not respond within 10 days of the date of the correspondence, the Tribunal would deem the Application abandoned and the close its file. The applicant has not responded to the Tribunal’s correspondence.

3In the circumstances, the applicant is deemed to have abandoned the Application.

4The Application is dismissed.