Pearce v. Peladeau Groceries Inc., 2014 HRTO 241

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cindie Pearce Applicant

-and-

Peladeau Groceries Inc. Respondent

DECISION

Adjudicator: Naomi Overend Date: February 21, 2014 Citation: 2014 HRTO 241 Indexed as: Pearce v. Peladeau Groceries Inc.

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 6, 2013.

2On September 19, 2013 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on December 12, 2013 at 9:30 a.m. at 255 Albert Street, 4th Floor, Ottawa. The Notice was mailed to the applicant’s address at the address provided in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on December 12, 2013 and did not communicate with the Tribunal to explain the failure to attend.

4On December 18, 2013 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. An email, attaching this letter, was sent to the applicant on January 21, 2014, advising she must respond to the Tribunal by January 28, 2014.

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.