Dayna Bouchey v. Multigen Healthcare Corporation and Nazaar Moussa, 2012 HRTO 2347

Human Rights Tribunal of Ontario

B E T W E E N:

Dayna Bouchey

Applicant

-and-

Multigen Healthcare Corporation and Nazaar Moussa

Respondents

DECISION

Adjudicator: Naomi Overend

Decision Date: December 14, 2012

Citation: 2012 HRTO 2347

Indexed as: Bouchey v. Multigen Healthcare Corporation

Introduction

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 3, 2012.

2On July 19, 2012, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on September 13, 2012, at 1:30 p.m. at 130 Slater Street, Suite 200, Ottawa, Ontario. The Notice was mailed to the applicant at the address she provided in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on September 13, 2012, and did not communicate with the Tribunal to explain the failure to attend.

4On October 18, 2012, the Tribunal wrote the applicant directing that she advise it of her intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing by no later than October 29, 2012 might be deemed an abandonment of the Application. Further correspondence was sent to the applicant at the email address she provided in her Application, providing a further opportunity to advise the Tribunal of her intentions by no later than November 28, 2012 or risk having her Application dismissed as abandoned.

5As 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.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.