HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Odila Magakou
Applicant
-and-
CBI Limited
Respondent
DECISION
Adjudicator: Josée Bouchard
Indexed as: Magakou v. CBI Limited
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 June 30, 2015. Both parties agreed to mediation.
2On February 3, 2016, the Tribunal issued a Notice of Mediation to the parties confirming mediation would take place on March 18, 2016 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 March 18, 2016 mediation and did not communicate with the Tribunal to explain the failure to attend.
4On April 25, 2016, the Tribunal wrote to the applicant, by mail and email, directing that she advise it before May 5, 2016 of her intentions with respect to the Application. She was warned that a failure to respond to the letter in writing might be deemed an abandonment of the Application.
5On April 25, 2016, the applicant responded to the Tribunal`s letter indicating that she is too busy to take time off work and she has family responsibilities. The Tribunal replied by email asking the applicant whether she intends to proceed with the Application. The applicant has not responded.
6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 25th day of May, 2016.
“Signed By”
Josée Bouchard
Vice-chair