Jheran v. Regis Corporation, 2013 HRTO 1402

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Asmaa Radi Jheran

Applicant

-and-

Regis Corporation and Hydragreen Agro Business Ltd. O/A Magicuts (Franchisee)

Respondents

DECISION

Adjudicator: Naomi Overend

Date: August 15, 2013

Citation: 2013 HRTO 1402

Indexed as: Jheran v. Regis Corporation

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 September 13, 2012.

2The parties consented to mediate this Application.

3On April 2, 2013, the Tribunal issued a Notice of Mediation advising the parties that the mediation was scheduled to proceed on July 15, 2013. The Notice of Mediation was sent to the applicant at her home address set out in her Application and was not returned as undeliverable.

4The applicant failed to attend the mediation on July 15, 2013. The applicant did not contact the Tribunal prior to the scheduled date or at any time after the mediation date to advise that she could not attend the mediation.

5On July 22, 2013, the Tribunal sent a letter to the applicant to her home address and an email requesting that she advise the Tribunal and the respondents in writing by August 1, 2013 whether she intended to proceed with her Application. The letter and email went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned. The letter and email were not returned as undeliverable.

6The applicant has not responded to the Tribunal’s July 22, 2013 letter and email and the time for doing so has now passed.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.