Human Rights Tribunal of Ontario
B E T W E E N:
Candace Cull
Applicant
-and-
Ljubica Nedimovic
Respondent
DECISION
Adjudicator: Ena Chadha
Indexed as: Cull v. Nedimovic
1This Application was filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges discrimination in employment on the basis of ancestry, disability and reprisal.
2The parties agreed to mediation. A Notice of Mediation was issued on March 20, 2012 stating that a mediation would be held on June 8, 2012 at 9:30 a.m. at 655 Bay St., Toronto. The applicant failed to appear.
3In a letter to the applicant dated June 13, 2012, the Tribunal noted that the applicant had failed to advise the Tribunal either prior to or following the mediation as to why she could not attend. The Tribunal stated that the applicant had until June 25, 2012 to advise the Tribunal whether she intended to proceed with the Application and that if the applicant failed to respond to the Tribunal’s letter within 10 days, the Tribunal might dismiss the Application as abandoned. The applicant did not respond to the Tribunal’s letter.
4By way of Case Assessment Direction dated July 9, 2012, the Tribunal noted that the Notice of Mediation and the June 13, 2012 letter were sent to the applicant by mail at the address provided by the applicant on her Application. Given that she indicated that the best way to send her information was through the mail, the Case Assessment Direction provided the applicant with another opportunity to communicate whether she intends to proceed with her Application.
5The Case Assessment Direction was sent to the applicant by email. The Case Assessment Direction stated that the applicant had seven days from the date of the Case Assessment Direction to advise the Tribunal and the respondent in writing as to whether or not she intends to proceed with the Application. The Case Assessment Direction further stated that if the applicant did not respond to the Case Assessment Direction by July 16, 2012 the Tribunal would deem the Application to be abandoned and, accordingly, dismiss the Application.
6Neither the Notice of Mediation nor the June 13, 2012 letter were returned to the Tribunal as undeliverable. The applicant has not communicated or corresponded with the Tribunal in response to the Notice of Mediation, the June 13, 2012 letter and the Case Assessment Direction.
7In these circumstances, the Tribunal deems the Application as abandoned and, accordingly, dismissed.
Dated at Toronto, this 3rd day of August, 2012.
Signed by
Ena Chadha
Vice-chair