HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jennifer Ferguson
Applicant
-and-
JNK Inc. and John Cathcart
Respondent
DECISION
Adjudicator: Geneviève Debané
Decision Date: September 22, 2015
Citation: 2015 HRTO 1260
Indexed as: Ferguson v. JNK Inc.
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On May 8, 2015, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on July 3, 2015, at 2:00 p.m. in Hamilton. 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 and did not communicate with the Tribunal to explain the failure to attend.
4On August 13, 2015, 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 by August 23, 2015 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.
Dated at Toronto, this 22nd day of September, 2015.
“Signed by”
Geneviève Debané
Vice-chair