Colaiacovo v. PETM Canada Corporation o/a PetSmart, 2015 HRTO 1356

Human Rights Tribunal of Ontario

BETWEEN:

Vanessa Colaiacovo Applicant

-and-

PETM Canada Corporation o/a PetSmart Respondent

DECISION

Adjudicator: David Muir Decision Date: October 9, 2015 Citation: 2015 HRTO 1356 Indexed as: Colaiacovo v. PETM Canada Corporation o/a PetSmart

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 July 23, 2015, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on September 16, 2015. 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 September 16, 2015 and did not communicate with the Tribunal to explain the failure to attend.

4On September 17, 2015, the Tribunal wrote to the applicant directing that the applicant advise it of her intentions with respect to the Application by September 27, 2015. The letter warned the applicant that a failure to respond to the letter in writing might be deemed as an abandonment of the Application.

5On September 29, 2015, the Tribunal wrote to the applicant to advise that the letter above, which had been sent by email had been returned as undeliverable. The letter was sent again by mail, email and courier. The applicant was further advised that if she did not respond by October 1, 2015, her Application may be dismissed as abandoned.

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.

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

8The Application is dismissed.