Allison Smith v. Specialty Care - Lincoln Park Retirement Community, 2012 HRTO 1569

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Allison Smith

Applicant

-and-

Specialty Care - Lincoln Park Retirement Community

Respondent

DECISION

Adjudicator: David A. Wright

Decision Date: August 14, 2012

Citation: 2012 HRTO 1569

Indexed as: Smith v. Specialty Care - Lincoln Park Retirement Community

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 May 5, 2011.

2On June 18, 2012, the Tribunal sent an email to the parties requesting that they provide mutually agreeable dates to reschedule a previously scheduled mediation. The applicant responded to this request by indicating that she no longer lives in the province of Ontario and that she would be unable to travel to Ontario for the mediation dates proposed by the respondent. She also provided her new mailing address in Alberta.

3The Tribunal sent a further letter by regular mail and email to the applicant on July 18, 2012, asking that the applicant confirm her intentions with respect to the Application. The applicant was directed to respond to the email of June 18, 2012, and provide her availability for rescheduling the mediation. She was also advised in this letter that if she was unable to attend a mediation on the dates proposed by the respondent that she should provide five alternative dates when she would be available. She was also informed in this letter that if she was unable to travel to Ontario, she could request the possibility of participating in a mediation by conference call. She was informed that if she did not respond to the letter by August 1, 2012, the Application could be dismissed as abandoned.

4The Tribunal’s letter of July 18, 2012, was sent to the address in Alberta provided by the applicant as her most recent contact information. It was also sent to an email address previously used by the applicant in corresponding with the Tribunal. The applicant has not responded to this letter and the Tribunal’s correspondence to her has not been returned.

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

6The Application is dismissed.