Kybanga v. London (City), 2013 HRTO 1373

Human Rights Tribunal of Ontario

B E T W E E N:

Lori-Anne Kybanga Applicant

-and-

The Corporation of the City of London Respondent

DECISION

Adjudicator: Naomi Overend Date: August 12, 2013 Citation: 2013 HRTO 1373 Indexed as: Kybanga v. London (City)

1This is an Application filed on December 4, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment.

2Both parties agreed to mediation.

3The Tribunal scheduled mediation for July 9, 2013. The Notice of Mediation was sent to all parties by regular mail to the addresses and contact information provided by the parties. This correspondence was not returned to the Tribunal as undeliverable.

4On July 9, 2013, the applicant failed to attend the mediation. The applicant did not advise the Tribunal prior to the scheduled mediation date or any time after the Notice of Mediation was provided to the parties that she was unable to attend on the scheduled date and time.

5By correspondence to the applicant dated July 12, 2013, the applicant was directed to advise the Tribunal and the respondent on or before July 22, 2013 whether she intended to proceed with this Application. The Tribunal advised the applicant that if she did not respond to this correspondence by July 22, 2013, that the Tribunal may deem the Application to be abandoned and dismiss the Application. This correspondence was sent by regular mail to address provided by the applicant in her Application. This correspondence has not been returned to the Tribunal as undeliverable.

6A second letter was sent by email on July 24, 2013, asking the applicant to respond by July 30, 2013.

7The applicant has not responded to the Tribunal’s correspondence of July 12 and July 24, 2013 and the time for doing so has passed.

8In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.