Robyn Theresa Wells v. David Kyle, 2012 HRTO 983

Human Rights Tribunal of Ontario

B E T W E E N:

Robyn Theresa Wells

Applicant

-and-

David Kyle

Respondent

DECISION

Adjudicator: Naomi Overend Decision Date: May 16, 2012 Citation: 2012 HRTO 983 Indexed as: Wells v. Kyle

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 May 10, 2011.

2On February 28, 2012, the Tribunal scheduled a mediation for April 12, 2012, for this matter. At the request of the respondent, the Tribunal sought new dates to reschedule the mediation. On March 14 and April 10, 2012, the Tribunal sent an email to the parties requesting that they provide mutually agreeable dates to reschedule a previously scheduled mediation. The applicant did not respond to this request.

3On April 16, 2012, the Tribunal sent correspondence to the applicant requesting that she provide mutually agreeable dates so that the mediation could be rescheduled and asked that the applicant confirm her intentions with respect to the application. The applicant was informed that if she did not advise the HRTO of her intentions by April 28, 2012, the Application could be dismissed as abandoned.

4To date, the applicant has not responded to the e-mails of March 14 and April 10, 2012. Nor has the applicant responded to the Tribunal’s correspondence of April 16, 2012.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.