Dawn Giovanelli v. Whitecourt Oil Corporation, 2012 HRTO 2362

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dawn Giovanelli

Applicant

-and-

Whitecourt Oil Corporation

Respondent

DECISION

Adjudicator: David Muir Date: December 18, 2012 Citation: 2012 HRTO 2362 Indexed as: Giovanelli v. Whitecourt Oil 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 November 14, 2011.

2On June 28, 2012 the Tribunal sent a Notice of Mediation to the parties setting the date of mediation as September 26, 2012 at 9:30 am. On September 21, 2011 the applicant sent a letter attached to an email to the Tribunal requesting that the mediation date be cancelled. In this letter the applicant indicated that she could not attend mediation as she had been in a serious car accident. She also indicated that she wished to withdraw the file and submit a new application changing the named respondent.

3The Tribunal sent the applicant an email in response on the same day, advising the applicant to resubmit her letter with a copy to respondent's counsel. The Tribunal also directed the applicant in this email to confirm whether she intended to withdraw the file or whether she intended to file a Form 10 to amend the Application. In response the applicant resent the same letter by email copied to the respondent's counsel. The Tribunal cancelled the mediation date by way of email dated September 21, 2012 sent to both parties.

4The Tribunal sent a further email to the applicant on October 16, 2012 asking that she confirm her intentions with respect to the Application by Monday October 22, 2012. The applicant did not respond to this email.

5On November 26, 2012 further correspondence was sent to the applicant by regular mail and email. This letter noted the previous correspondence and directed the applicant to provide her intention regarding proceeding with this Application in writing to the Tribunal. This letter indicated that if the applicant did not confirm her intentions by December 3, 2012 the Application might be dismissed as abandoned.

6To date, the applicant has not responded to the Tribunal's November 26, 2012 letter.

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

8The Application is dismissed.