Fowler v. Mortgage Brokers City Inc., 2013 HRTO 1405

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Carol Anne Fowler

Applicant

-and-

Mortgage Brokers City Inc. and Karen McLeish

Respondents

DECISION

Adjudicator: Naomi Overend

Date: August 15, 2013

Citation: 2013 HRTO 1405

Indexed as: Fowler v. Mortgage Brokers City Inc.

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 November 21, 2012.

2The parties consented to mediate this Application, and a mediation was scheduled to proceed on June 5, 2013. The respondent, Mortgage Brokers City Inc., subsequently advised the Tribunal that it was unavailable to mediate on this date, and accordingly, the Tribunal agreed to reschedule the mediation.

3On May 16, 2013, the Tribunal sent an email to the applicant requesting that she provide the parties with mutually agreeable dates to reschedule the mediation by May 22, 2013. The applicant did not respond to this request.

4On June 14, 2013, the Tribunal sent another email to the applicant requesting that she provide dates for rescheduling the mediation by June 17, 2013. The applicant did not respond to this request.

5On June 25, 2013, the Tribunal sent a letter and email to the applicant requesting that she provide dates for rescheduling the mediation by July 5, 2013. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned. The applicant did not respond to this request.

6The Tribunal subsequently learned that it inadvertently sent its June 25, 2013 letter to the applicant using an incorrect Unit number in her home address. Accordingly, on July 10, 2013, the Tribunal sent the applicant another letter to her home address using the correct Unit number, and requested that the applicant confirm by July 22, 2013 whether she intended to proceed with her Application. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.

7The applicant has not responded to the Tribunal's July 10, 2013 letter and the time for doing so has now passed.

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

9The Application is dismissed.