Taylor v. Amexon Property Management Inc., 2012 HRTO 746

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amanda Marie Taylor

Applicant

-and-

Amexon Property Management Inc.

Respondent

DECISION

Adjudicator: Naomi Overend

Date: April 16, 2012

Citation: 2012 HRTO 746

Indexed as: Taylor v. Amexon Property Management 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 October 22, 2010.

2On October 27, 2010, the Tribunal issued a Notice of Incomplete Application to the applicant and requested that she provide the Tribunal with the requested information on or before November 16, 2010. The applicant subsequently provided this information to the Tribunal by documents dated November 3, 2010.

3By letter dated November 9, 2010, the Tribunal sent its Notice of Application to the respondent and advised the respondent to file a Response by December 14, 2010.

4On December 9, 2010, the respondent filed its Response to the Application with the Tribunal. The Tribunal delivered the Response to the applicant by way of letter dated December 9, 2010, and advised the applicant that she could file a Reply to the Response by December 23, 2010.

5The applicant advised that she delivered her Reply to the respondent on January 26, 2011.

6The Tribunal sent a Notice of Mediation to the parties dated April 8, 2011 confirming that the mediation of the Application would take place on May 18, 2011 at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant’s address provided in the Application and was not returned as undeliverable.

7By way of email correspondence dated April 17, 2011, the applicant advised the Tribunal that she “would not be attending the mediation due to medical reasons and that her representative may be needing to change the mediation date to a later date”.

8By email correspondence dated April 19, 2011, the Tribunal requested that the applicant confirm whether she needed to reschedule the mediation on May 18, 2011, and if so, to canvass alternative dates with the parties and provide the dates to the Tribunal. The applicant was advised that she had 14 days from the date of the Notice of Mediation dated April 8, 2011 to request a rescheduled date for mediation.

9By email correspondence dated May 2, 2011, the applicant advised the Tribunal that she needed to reschedule the mediation to a later date as she would not be attending and that someone from legal support will be attending on her behalf. She also stated that she did not have a date for the mediation as of yet.

10By email correspondence dated May 3, 2011, the Tribunal advised the applicant that the mediation originally scheduled for May 18, 2011 would be cancelled. The Tribunal also asked the applicant to provide mutually agreed upon dates once a decision had been reached.

11By email correspondence dated June 22, 2011, the Tribunal wrote to the parties and requested that they provide mutually agreed upon alternate dates for mediation by June 29, 2011.

12By email correspondence dated June 23, 2011 to the Tribunal, the applicant advised: “I am busy with other things in my life right now and will have to put this case aside until further notice from me”.

13By letter dated March 20, 2012, the Tribunal advised the applicant that further to its email of June 22, 2011, the Tribunal had not received a response with the parties’ alternates dates for mediation. The letter requested that the applicant provide a response by March 30, 2012, failing which, it stated that the Application might be deemed abandoned. The Tribunal also sent a copy of its letter of March 20 to the applicant by way of email. The applicant did not provide a response by March 30, 2012.

14As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence to her of March 20, 2012 has not been returned.

15In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.