Stephanie Carbone v. Vince Bruzzese and Nick Moretto, 2011 HRTO 995

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stephanie Carbone

Applicant

-and-

Vince Bruzzese and Nick Moretto

Respondents

DECISION

Adjudicator: Brian Eyolfson

Date: May 25, 2011

Citation: 2011 HRTO 995

Indexed as: Carbone v. Bruzzese

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 September 8, 2009.

2On October 12, 2010 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on November 22, 2010 at 655 Bay Street, 14^th Floor, Toronto, Ontario. 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 November 22, 2010 and did not communicate with the Tribunal to explain the failure to attend.

4On April 18, 2011 the Tribunal wrote to the applicant directing that she advise the Tribunal and the respondents in writing whether she intended to proceed with the Application. The letter warned the applicant that if she did not respond to the letter by April 28, 2011, the Tribunal may deem the Application to be abandoned.

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.