Michelle Allen v. Providence Care – Mental Health Services, 2012 HRTO 1200

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michelle Allen

Applicant

-and-

Providence Care – Mental Health Services

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: June 18, 2012

Citation: 2012 HRTO 1200

Indexed as: Allen v. Providence Care – Mental Health Services

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 29, 2009.

2In Interim Decision 2009 HRTO 1395 issued September 2, 2009, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.

3On March 26, 2012 the Tribunal wrote to the applicant by regular mail at the mailing address at which the applicant requested the Tribunal send correspondence to her. The applicant was asked to inform the Registrar in writing by April 25, 2012, whether the grievance proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter went on to warn the applicant that a failure to provide the requested information as directed might result in the Tribunal dismissing the Application as abandoned. On May 7, 2012 the Tribunal also provided the applicant with a copy of its March 26, 2012 letter to the applicant by email, at the email address provided by the applicant in her Application, and provided the applicant with an additional four days to respond to the Tribunal’s letter.

4The applicant has not responded to the Tribunal’s March 26 and May 7, 2012 correspondence, and neither the Tribunal’s letter nor its email to the applicant have been returned as undeliverable.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.