Brophy v. Ontario Drive & Gear Limited, 2014 HRTO 236

Human Rights Tribunal of Ontario

B E T W E E N:

Sherry Brophy

Applicant

-and-

Ontario Drive & Gerar Limited

Respondent

DECISION

Adjudicator: Naomi Overend Date: February 20, 2014 Citation: 2014 HRTO 236 Indexed as: Brophy v. Ontario Drive & Gear Limited

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 May 1, 2013.

2On October 2, 2013 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on January 13, 2014 at 1:30 p.m. at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant’s address at the address provided in the Application and was not returned as undeliverable.

3On November 28, 2013, the then named counsel for the applicant asked to get off the record as the applicant had failed to respond to its correspondence and messages. The applicant did not attend the scheduled mediation session on January 13, 2014 and did not communicate with the Tribunal to explain the failure to attend.

4On January 15, 2014 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.