Human Rights Tribunal of Ontario
B E T W E E N:
Felina Rezza
Applicant
-and-
Central Community Care Access Centre
Respondent
DECISION
Adjudicator: Brian Eyolfson
Indexed as: Rezza v. Central Community Care Access Centre
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 June 1, 2011.
2On December 13, 2011 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on February 13, 2012 at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant’s legal representative at the address provided in the Application and was not returned as undeliverable.
3By letter dated December 23, 2011 sent by fax to the Tribunal, the respondent‘s representative advised that the respondent was unable to attend the mediation scheduled for February 13, 2012 and asked that the mediation be rescheduled to one of four possible dates that the applicant had agreed to. One of these dates was March 23, 2012.
4By letter dated January 10, 2012, the Tribunal issued a Notice of Rescheduled Mediation to the parties rescheduling the mediation to March 23, 2012 to take place at 655 Bay Street, 14th floor, Toronto, Ontario.
5The applicant did not attend the scheduled mediation session on March 23, 2012 and did not communicate with the Tribunal to explain the failure to attend.
6On April 10, 2012, the Tribunal wrote to 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, by April 20, 2012, may be deemed an abandonment of the Application.
7As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence to her of April 10, 2012 has not been returned.
8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 4th day of May, 2012.
"signed by"________________
Brian Eyolfson
Vice-chair