Melissa Cerna v. Extendicare Inc., Linda Davlut, Nutra Services Inc. and Stephanie Brown, 2012 HRTO 342

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Melissa Cerna

Applicant

-and-

Extendicare Inc., Linda Davlut, Nutra Services Inc. and Stephanie Brown

Respondents

DECISION

Adjudicator: Sherry Liang

Date: February 16, 2012

Citation: 2012 HRTO 342

Indexed as: Cerna v. Extendicare 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 23, 2011.

2On October 24, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on December 7, 2011 at Toronto. The Notice was mailed to the applicant’s address provided in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on December 7, 2011, and did not communicate with the Tribunal to explain the failure to attend.

4On January 25, 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 within ten days may be deemed an abandonment of the Application.

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.