Fry v. The Running Room Canada Inc., 2012 HRTO 1247

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Laura Fry

Applicant

-and-

The Running Room Canada Inc.

Respondent

DECISION

Adjudicator: Naomi Overend

Date: June 26, 2012

Citation: 2012 HRTO 1247

Indexed as: Fry v. The Running Room Canada Inc.

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 February 9, 2011.

2On March 26, 2012, the Tribunal issued a Notice of Rescheduled Hearing to the parties confirming that the Hearing of the Application would take place on August 13 & 14, 2012, at 655 Bay Street, 14^th Floor, Toronto, Ontario.

3On April 17, 2012, the Tribunal received an email from the applicant’s email address, sent on the applicant’s behalf, advising that the applicant was not available on the rescheduled hearing dates and would be unavailable until further notice. The email asked that the Tribunal “cancel this hearing and application”. The email was signed by what appears to be a family member of the applicant and advised that the applicant will be out of the country until September 2012.

4On April 24, 2012, the Tribunal sent a reply email to the applicant asking her to confirm that she was seeking to withdraw her Application. The Tribunal did not receive a response to this email.

5On May 24, 2012, the Tribunal wrote the applicant a letter asking her to clarify her intentions as to whether she was seeking to withdraw her Application or was seeking an adjournment of the August 13 & 14 hearing dates. The letter directed the applicant to confirm her intentions by June 4, 2012. The letter warned the applicant that a failure to respond to the letter in writing by the deadline would be deemed an abandonment of the Application. The letter was sent by mail and email to the applicant to the addresses provided in the Application.

6As 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.

7In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.