Beebe v. 2223720 Ontario Inc., 2013 HRTO 302

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amanda Beebe

Applicant

-and-

2223720 Ontario Inc. o/a Global Pet Foods

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: February 22, 2013

Citation: 2013 HRTO 302

Indexed as: Beebe v. 2223720 Ontario Inc.

1This is an Application filed on August 23, 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 based on disability.

2Both parties agreed to mediation.

3By Notice of Mediation dated November 16, 2012, the Tribunal confirmed that a mediation in this matter was scheduled for January 24, 2013. The Notice of Mediation was sent to the parties by regular mail at the addresses provided by the parties. This correspondence was not returned to the Tribunal as undeliverable.

4On January 24, 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 January 25, 2013, the applicant was directed to advise the Tribunal and the respondent on or before February 4, 2013 whether she intended to proceed with this Application. The Tribunal advised the applicant that if she did not respond to this correspondence by February 4, 2013, the Tribunal may deem the Application to be abandoned and dismiss the Application. This correspondence was sent by regular mail and e-mail to the addresses provided by the applicant in her Application. This correspondence has not been returned to the Tribunal as undeliverable.

6The applicant has not responded to the Tribunal’s correspondence of January 25, 2013, and the time for doing so has passed.

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