Nicole Lacoursiere v. Gerrie Electric Wholesale Ltd., 2014 HRTO 581

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nicole Lacoursiere

Applicant

-and-

Gerrie Electric Wholesale Ltd.

Respondent

DECISION

Adjudicator: Brian Eyolfson Date: April 24, 2014 Citation: 2014 HRTO 581 Indexed as: Lacoursiere v. Gerrie Electric Wholesale Ltd.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on August 8, 2013.

2On October 9, 2013 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on January 28, 2014 at 9:30 a.m., at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant’s address provided by the applicant in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on January 28, 2014 and did not communicate with the Tribunal to explain the failure to attend.

4On March 5, 2014 the Tribunal wrote to the applicant by regular mail at the address she provided in the Application, directing that she advise the Tribunal of her intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing by March 15, 2014 might result in the Tribunal deeming the Application to be abandoned and dismissing the Application on that basis. The Tribunal did not hear from the applicant by the March 15, 2014 deadline.

5On March 18, 2014 the Tribunal wrote to the applicant by email at the email address the applicant provided in the Application, and attached a copy of its March 5, 2014 letter. The Tribunal asked the applicant to advise, in writing, whether she intended to proceed with the Application by March 21, 2014. The Tribunal also warned the applicant that a failure to respond to this further correspondence by March 21, 2014 might result in the Tribunal deeming the Application to be abandoned and dismissing the Application on that basis.

6As 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 as undeliverable.

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