Stacy Ballantyne v. Stratosphere Quality, 2014 HRTO 792

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stacy Ballantyne Applicant

-and-

Stratosphere Quality Respondent

DECISION

Adjudicator: Brian Eyolfson Date: June 5, 2014 Citation: 2014 HRTO 792 Indexed as: Ballantyne v. Stratosphere Quality

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on October 6, 2013, and the respondent filed a Response on November 18, 2013. Both parties indicated that they agreed to attend mediation, and the Tribunal attempted to hold a mediation. It appears, however, that the applicant has not provided the Tribunal with an available date for mediation, as requested by the Tribunal, or otherwise contacted the Tribunal, since a mediation scheduled for March 13, 2014 was cancelled.

2More particularly, by email correspondence to the parties dated March 25 and April 8, 2014, the Tribunal attempted to reschedule mediation, and asked that the parties provide mutually agreeable dates by March 28 and April 11, 2014, respectively.

3By further correspondence dated April 24, 2014, and sent to the applicant by both regular mail and email, the Tribunal indicated that the applicant had not responded to the Tribunal’s March 25, 2014 correspondence regarding rescheduling, and that the time for responding had passed. The Tribunal advised the applicant that, if she wished to proceed with the Application, she must respond to the Tribunal’s correspondence as directed, and provide mutually agreeable dates for rescheduling. The applicant was advised that if she did not respond to the Tribunal’s correspondence by May 2, 2014, the Tribunal may deem the Application to be abandoned and the close the file.

4The applicant has not responded to the Tribunal’s correspondence referred to above, and the time for doing so has passed. The Tribunal’s correspondence was sent to the applicant at the addresses provided by the applicant in the Application, and was not returned as undeliverable.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.