Human Rights Tribunal of Ontario
B E T W E E N:
Amanda Smith
Applicant
-and-
1277280 Ontario Inc. o/a Kelsey’s Restaurant
Respondent
DECISION
Adjudicator: David Muir
Decision Date: December 13, 2016
Indexed as: Smith v. 1277280 Ontario Inc.
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 October 3, 2016 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on November 22, 2016. 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 February 18, 2016 and did not communicate with the Tribunal to explain the failure to attend.
4On November 22, 2016 the Tribunal wrote the applicant directing that the applicant advise it of his intentions with respect to the Application by December 5, 2016. The letter which was sent by email and regular mail warned the applicant that a failure to respond to the letter in writing 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.
7The Application is dismissed.
Dated at Toronto, this 13th day of December, 2016.
“Signed By”
David Muir
Vice-chair