Collins v. Ontario (Community Safety and Correctional Services), 2016 HRTO 1567

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tina Collins

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services

Respondent

DECISION

Adjudicator: David Muir

Date: December 6, 2016

Citation: 2016 HRTO 1567

Indexed as: Collins v. Ontario (Community Safety and Correctional Services)

Introduction

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

2Correspondence addressed to the applicant dated August 17, 2016 advising the parties that the respondent’s Request for Summary Hearing had been denied was returned to the Tribunal and marked moved address unknown.

3Mediation in this case was scheduled to take place on November 9, 2016. The Notice of Mediation sent on September 27, 2016 to the applicant was returned to the Tribunal marked moved address unknown.

4The respondent requested that the mediation be re-scheduled. The request was granted.

5On October 26, 2016 the Tribunal wrote to the applicant requesting that she provide mutually agreeable dates to re-schedule the mediation. The applicant did not respond to this direction.

6On November 14, 2016 the Tribunal wrote to the applicant again asking that she confirm her intention to proceed with the Application and to provide mutually agreeable dates for mediation by November 28, 2016. The applicant’s attention was drawn to Rule 5.4 of the Tribunal’s Rules of Procedure:

5.4 The Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

7The applicant was warned that if she did not respond to these directions her Application may be dismissed as abandoned.

8The applicant did not respond to this correspondence.

9The applicant has not provided the Tribunal with an email address.

10On November 10, 2016 the respondent wrote to the Tribunal to indicate its availability for mediation on dates in January 2017. The respondent also indicated that correspondence sent to the applicant had been returned to it and marked as moved address unknown. The respondent submitted that it appeared that the applicant had moved and not provided updated contact information as required by the Tribunal’s Rules of Procedure.

11In the circumstances it appears that the applicant has abandoned her Application and it is dismissed.