Kimberlee Ann MacDonald v. Sammy’s Student Exchange, 2013 HRTO 715

Human Rights Tribunal of Ontario

B E T W E E N:

Kimberlee Ann MacDonald Applicant

-and-

Sammy’s Student Exchange Respondent

DECISION

Adjudicator: David Muir Date: April 29, 2013 Citation: 2013 HRTO 715 Indexed as: MacDonald v. Sammy’s Student Exchange

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 August 9, 2012.

2On December 6, 2012 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on March 18, 2013 at 9:30 am at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant at the applicant’s personal contact address that she provided in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on March 18, 2013 and did not communicate with the Tribunal to explain the failure to attend.

4On March 19, 2013 the Tribunal wrote the applicant directing that she 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 by April 2, 2013 may be deemed an abandonment of the Application.

5On March 19, 2013, the Tribunal also sent an email to the applicant at her email address that she provided in the Application. The email warned the applicant that a failure to respond to the email in writing by April 2, 2013 may be deemed an abandonment of the Application.

6As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence and email to her has not been returned.

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