Jennifer Benstead v. Wal-Mart Canada Corp., 2015 HRTO 684

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jennifer Benstead

Applicant

-and-

Wal-Mart Canada Corp.

Respondent

DECISION

Adjudicator: Douglas Sanderson Date: May 26, 2015 Citation: 2015 HRTO 684 Indexed as: Benstead v. Wal-Mart Canada Corp.

Introduction

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on October 28, 2014.

2On February 25, 2015 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on May 4, 2015 at 2:00 p.m. at the Landlord and Tenant Board, 150 King Street, Ground Floor, St Catharines, ON. 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 May 4, 2015 and did not communicate with the Tribunal to explain the failure to attend.

4On May 5, 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 within ten days 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.