Kitto v. Poonia, 2013 HRTO 865

Human Rights Tribunal of Ontario

B E T W E E N:

Megan Kitto Applicant

-and-

Balwinder Poonia Respondent

DECISION

Adjudicator: David Muir Date: May 17, 2013 Citation: 2013 HRTO 865 Indexed as: Kitto v. Poonia

1This is an Application filed on September 28, 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 sex.

2Both parties agreed to mediation.

3The Tribunal scheduled mediation for April 24, 2013. The Notice of Mediation was sent to all parties by regular mail to the addresses and contact information provided by the parties. This correspondence was not returned to the Tribunal as undeliverable.

4On April 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 April 24, 2013 and subsequent e-mail correspondence dated May 7, 2013, the applicant was directed to advise the Tribunal and the respondent on or before May 10, 2013 whether she intended to proceed with this Application. The Tribunal advised the applicant that if she did not respond to this correspondence by May 10, 2013, that the Tribunal may deem the Application to be abandoned and dismiss the Application. The correspondence of April 24, 2013 was sent by regular mail and the subsequent correspondence dated May 7, 2013 was sent by 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 and the time for doing so has passed.

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