Stuart v. 1070473 Ontario Ltd., 2013 HRTO 1867

Human Rights Tribunal of Ontario

B E T W E E N:

Jette Stuart

Applicant

-and-

1070473 Ontario Ltd. carrying on business as Royal Oak

Respondent

DECISION

Adjudicator: Jennifer Scott
Date: November 6, 2013
Citation: 2013 HRTO 1867
Indexed as: Stuart v. 1070473 Ontario Ltd.

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of sex, marital status and age.

2On June 21, 2013, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on October 16, 2013. The Notice of Mediation also indicated that if the parties were unable to attend on the scheduled mediation date, the parties were required to notify the Tribunal within 14 days of receiving the Notice and were required to provide alternate dates. No such notification was received from the applicant.

3The applicant failed to attend the mediation on October 16, 2013, and did not advise the Tribunal prior to the scheduled date that she would not be able to attend. The applicant did not contact the Tribunal at any time after the mediation regarding her failure to attend.

4On October 17, 2013, the Tribunal sent a letter to the applicant directing the applicant to advise the Tribunal of her intentions with respect to proceeding with the Application by October 27, 2013. The Tribunal’s letter advised the applicant that if she did not respond to the letter, the Tribunal may deem the Application abandoned and dismiss the file. The letter was sent to the applicant by e-mail and regular mail. The applicant did not respond to the letter by October 27, 2013.

5The applicant failed to attend the scheduled mediation and failed to communicate with the Tribunal whether she intended to proceed with her Application by October 27, 2013. In these circumstances, the applicant is deemed to have abandoned the Application.

6Accordingly, the Application is dismissed as abandoned.