Martina Jol v. Everest College – Hamilton Mountain Campus, 2015 HRTO 1369

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Martina Jol

Applicant

-and-

Everest College – Hamilton Mountain Campus

Respondent

DECISION

Adjudicator: David Muir

Decision Date: October 14, 2015

Citation: 2015 HRTO 1369

Indexed as: Jol v. Everest College – Hamilton Mountain Campus

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 June 1, 2015, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on July 24, 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 July 24, 2015 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 by August 24, 2015. The letter warned the applicant that a failure to respond to the letter in writing might be deemed an abandonment of the Application.

5On the same date the applicant sent an email to the Tribunal which stated in part as follows: “I don’t see the point…. Everest College was closed by the Ministry of Education and declared bankrupt and closed in February 2015.”

6On September 9, 2015, the Tribunal wrote to the parties again attaching a copy of the August 13, 2013 and directed the applicant to respond to it by September 21, 2015.

7The applicant did not respond to this communication.

8On October 1, 2015, the Tribunal wrote to both parties again asking that the applicant advise in writing whether she intended to pursue the Application by October 6, 2015.

9As 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.

10In the circumstances, the applicant is deemed to have abandoned the Application.

11The Application is dismissed.