Human Rights Tribunal of Ontario
B E T W E E N:
Connie Fong
Applicant
-and-
BBM Canada
Respondent
DECISION
Adjudicator: Josée Bouchard
Indexed as: Fong v. BBM Canada
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 November 21, 2014.
2On September 16, 2015, the Tribunal issued a Notice of Mediation to the parties confirming mediation would take place on November 12, 2015 at the time and place set out in the Notice. 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 November 12, 2015 mediation and did not communicate with the Tribunal to explain the failure to attend.
4On November 19, 2015, the Tribunal wrote to the applicant directing that she advise it of her intentions with respect to the Application. She was warned that a failure to respond to the letter in writing within ten days might be deemed an abandonment of the Application. The applicant did not respond.
5On December 11, 2015, the Tribunal emailed the applicant and directed her to respond to its November 19, 2015 letter by December 21, 2015.
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 and the Application is dismissed.
Dated at Toronto, this 26th day of January, 2016.
“Signed By”
Josée Bouchard
Vice-chair