Cabral v. 2201037 Ontario Inc. o/p Merry Maids of Milton, 2016 HRTO 857

Human Rights Tribunal of Ontario

BETWEEN:

Linda Cabral Applicant

-and-

2201037 Ontario Inc. o/p Merry Maids of Milton Respondent

DECISION

Adjudicator: Jennifer Khurana Date: June 27, 2016 Citation: 2016 HRTO 857 Indexed as: Cabral v. 2201037 Ontario Inc. o/p Merry Maids of Milton

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 October 28, 2015.

2On March 9, 2016, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on May 10, 2016, at 1:30 p.m. at 655 Bay Street, 14th Floor, Toronto, Ontario.

3The parties did not attend the scheduled mediation session on May 10, 2016, and did not communicate with the Tribunal to explain the failure to attend.

4On May 31, 2016, the Tribunal wrote to the applicant directing her to advise it of her intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing by June 10, 2016 might be deemed an abandonment of the Application. The letter was sent by regular mail and by email.

5On June 1, 2016 the Tribunal wrote to the applicant concerning an email she sent to the Tribunal on May 31, 2016 indicating that the parties had settled the matter. The Tribunal directed the applicant to provide a completed Form 25 (Settlement), signed by the parties no later than June 15, 2016, so that the Tribunal could close the file on the basis of the settlement. The letter went on to advise that if the Tribunal did not receive a signed, completed Form 25 or Form 9 (Request to Withdraw), the Tribunal might deem the Application to be abandoned and dismiss the file on that basis.

6On June 2, 2016, the respondent wrote to the Tribunal advising that the parties had settled the matter. The Tribunal resent its June 1, 2016 letter directing the parties to provide a completed Form 25 by June 15, 2016 to both parties.

7As of the date of this Decision the applicant has not responded to the Tribunal and the time for doing so has now passed. The Tribunal's correspondence to the applicant has not been returned.

8In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.