Human Rights Tribunal of Ontario
B E T W E E N:
Julie Cleary
Applicant
-and-
B.M.I. Construction Co. Limited
Respondent
DECISION
Adjudicator: Naomi Overend
Decision Date: May 15, 2012
Indexed as: Cleary v. B.M.I. Construction Co. Limited
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 August 25, 2011.
2On January 6, 2012 the Tribunal issued a Notice of Rescheduled Mediation to the parties confirming that mediation of the Application would take place on April 13, 2012 at 655 Bay Street, Toronto, Ontario. 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 April 13, 2012 and did not communicate with the Tribunal to explain the failure to attend.
4On April 17, 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.
Dated at Toronto, this 15th day of May, 2012.
”signed by”______________
Naomi Overend
Vice-chair