Sarah Graham v. Miller Precast Ltd. and David Haywood, 2015 HRTO 1656

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sarah Graham

Applicant

-and-

Miller Precast Ltd. and David Haywood

Respondents

DECISION

Adjudicator: David Muir Decision Date: December 8, 2015 Citation: 2015 HRTO 1656 Indexed as: Graham v. Miller Precast Ltd.

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 August 10, 2015, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on September 30, 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 30, 2015 and did not communicate with the Tribunal to explain the failure to attend.

4On October 6, 2015, the Tribunal wrote to 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 might be deemed as an abandonment of the Application.

5By email correspondence from the respondents received on October 6, 2015, the Tribunal was advised that the applicant wished to continue with the Application but required time to deal with other "personal issues".

6On October 28, 2015, the Tribunal attempted to reach the applicant by telephone and left messages for her.

7On November 4, 2015, the Tribunal wrote to the applicant again directing that the applicant advise it of her intentions with respect to the Application by November 14, 2015. The letter warned the applicant that a failure to respond to the letter in writing might be deemed an abandonment of the Application.

8As 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.

9In the circumstances, the applicant is deemed to have abandoned the Application.

10The Application is dismissed.