Draycke v. ServiceOntario, 2016 HRTO 1485

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Trinity Draycke

Applicant

-and-

ServiceOntario

Respondent

DECISION

Adjudicator: Leslie Reaume

Date: November 21, 2016

Citation: 2016 HRTO 1485

Indexed as: Draycke v. ServiceOntario

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2The parties consented to mediation to be held on January 29, 2015. The applicant did not attend and did not advise the Tribunal in advance.

3The Tribunal reached out to reschedule the mediation. The applicant advised the Tribunal that she had considerable family responsibilities and did not have time to attend a mediation in Toronto, Ontario. She requested that the mediation be re-scheduled in Kitchener, Ontario and that the Tribunal provide transportation costs and health care services. The Tribunal advised the applicant that the services she requested could not be provided by the Tribunal. The Tribunal offered instead to shorten the mediation or conduct the mediation by teleconference. The applicant indicated that she could not find the time for mediation because of her family responsibilities.

4The applicant was to advise the Tribunal by June 20, 2016 if she no longer wished to participate in mediation. She was also advised that if she did not reply by that date, the Application would be scheduled for hearing.

5The applicant did not reply and on September 15, 2016 the Tribunal issued a Notice of Hearing scheduling a one day hearing for February 2, 2017 in Toronto, Ontario. On the same day the applicant emailed the Tribunal advising that she did not intend to participate in the hearing. The applicant advised the Tribunal that she did not have the means or the time to participate, particularly since she was not longer living in Kitchener, Ontario. It is apparent from the email that the applicant does not intend to participate in the mediation or hearing process under any circumstances.

6In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.