Newcombe v. Dr. David Favell Dentistry Professional Corporation, 2013 HRTO 2066

Human Rights Tribunal of Ontario

B E T W E E N:

Billie-Jo Newcombe

Applicant

-and-

Dr. David Favell Dentistry Professional Corporation o/a Downtown Dental Centre and David Favell

Respondents

DECISION

Adjudicator: Kathleen Martin

Decision Date: December 13, 2013

Citation: 2013 HRTO 2066

Indexed as: Newcombe v. Dr. David Favell Dentistry Professional Corporation

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 March 26, 2013.

2On July 23, 2013, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on September 16, 2013, at 10:00 a.m. at Station Park All Suite Hotel, 242 Pall Mall Street, London, Ontario. The Notice was mailed to the applicant’s address at the address provided in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on September 16, 2013, and did not communicate with the Tribunal to explain the failure to attend.

4On November 1, 2013, the Tribunal wrote the applicant directing that the applicant advise it of her intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing within ten days might be deemed an abandonment of the Application.

5As of the date of this Decision, the applicant has not responded to the Tribunal and the Tribunal’s correspondence to the applicant has not been returned.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.