K.M. v. Sobeys Capital Incorporated, 2014 HRTO 1670

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

K.M. by his Litigation Guardian D.M.

Applicant

-and-

Sobeys Capital Incorporated, John Rotolo and Justin Milner

Respondents

DECISION

Adjudicator: Brian Eyolfson

Date: November 18, 2014

Citation: 2014 HRTO 1670

Indexed as: K.M. v. Sobeys Capital Incorporated

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on December 20, 2013.

2On May 26, 2014 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on September 25, 2014 at 9:30 a.m., at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant’s address provided in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on September 25, 2014.

4On September 26, 2014 the Tribunal wrote to the applicant, clearly directing that the applicant must advise the Tribunal and the respondents, in writing, of her intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter by October 6, 2014 might result in the Tribunal deeming the Application to be abandoned and dismissing the Application.

5As of the date of this Decision, the applicant has not responded as directed in the Tribunal’s September 26, 2014 letter to her, and the Tribunal’s correspondence to the applicant has not been returned as undeliverable.

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