Nelson v. K.R. Estey Holdings Ltd. (No. 1)
File No.: 2010-06094-I Date: 2011-05-26 Citation: 2011 HRTO 998
HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jeniece Nelson Applicant
-and-
K.R. Estey Holdings Ltd. and Robert McDaid Respondents
Adjudicator: Brian Eyolfson Date: May 26, 2011 Citation: 2011 HRTO 998 Indexed as: Nelson v. Estey Holdings Ltd.
DECISION
The 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 28, 2010.
On February 28, 2011 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on April 15, 2011 at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant's address provided in the Application and was not returned as undeliverable.
The applicant did not attend the scheduled mediation session on April 15, 2011 and did not communicate with the Tribunal to explain the failure to attend.
On April 19, 2011 the Tribunal wrote to the applicant directing that she advise the Tribunal and the respondents whether she intended to proceed with the Application. The letter warned the applicant that if she did not respond to the letter in writing within ten days the Tribunal may deem the application to be abandoned.
As 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.
In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 26^th^ day of May, 2011.
"Signed by"
Brian Eyolfson Vice-chair