Bell v. Milagros Adona Jaba-an, 2012 HRTO 1073

Human Rights Tribunal of Ontario

B E T W E E N:

Chauleyne Bell

Applicant

-and-

Milagros Adona Jaba-an

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: June 4, 2012

Citation: 2012 HRTO 1073

Indexed as: Bell v. Milagros Adona Jaba-an

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 August 23, 2010.

2On June 9, 2011 the Tribunal issued a Notice of Confirmation of Hearing to the parties confirming that the hearing of the Application would take place on November 7, 2011. This notice was sent to the parties by email. The email to the applicant was not returned to the Tribunal.

3On September 6, 2011 the respondent to the Application requested that the hearing be rescheduled due to a religious observance. The Tribunal granted the respondent’s request and sent an email to the parties on October 5, 2011 to canvass dates for the rescheduled hearing. The applicant did not respond to this email.

4On March 26, 2012 the Tribunal emailed the parties again and requested that the applicant provide dates for a rescheduled hearing and directed the applicant to respond by April 2, 2012. The applicant did not respond to this email.

5On April 23, 2012 the Tribunal wrote a letter to the applicant indicating that she had failed to respond to the previous emails sent to her requesting her availability for hearing dates. This letter directed the applicant to confirm her intentions with respect to the Application and to respond to the Tribunal’s email of March 26, 2012 requesting dates for the rescheduled hearing. The letter noted that the Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal, according to the contact information provided to the Tribunal by that person. The letter directed the applicant to respond by April 30, 2012 and advised the applicant that if she failed to comply, her Application may be deemed to be abandoned.

6The letter was mailed to the applicant’s mailing address provided in the Application and was emailed to the applicant’s email address provided in the Application. The Tribunal’s correspondence to her has not been returned.

7As of the date of this Decision the applicant has not responded to the Tribunal.

8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.