Mitko Toshev v. Homestead Land Holdings Limited and Scott Topping, 2009 HRTO 190

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mitko Toshev

Applicant

-and-

Homestead Land Holdings Limited and Scott Topping

Respondents

INTERIM DECISION

Adjudicator: Mary Truemner

Date: February 23, 2009

Citation: 2009 HRTO 190

Indexed as: Toshev v. Homestead Land Holdings

1The applicant filed a completed Application with the Tribunal on July 16, 2008 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondents filed their Response on August 19, 2008. Both parties agreed to attempt to resolve the dispute through mediation. The Tribunal scheduled mediation for November 18, 2008.

2On November 17, 2008, the applicant emailed the Tribunal a lengthy message which included the comment, “I find it pointless to attend the mediation.” The Tribunal responded by email, asking the applicant to confirm he did not want to participate in mediation scheduled for the next day. The applicant did not attend the mediation but emailed the Tribunal the following day, confirming that he had not intended to participate in mediation, and implying that he did not wish to continue his Application.

3On January 23, 2009, the Tribunal emailed and couriered the applicant a letter, copied to the respondents, directing him to advise the Tribunal by February 3, 2009 whether he intended to withdraw or pursue his Application. The couriered letter was returned to the Tribunal as undeliverable; however, there is nothing to suggest that the Tribunal’s email failed to reach the applicant. I note that the applicant identified email as his preferred method of receiving communications. The applicant has not responded to the Tribunal’s direction.

4The applicant’s correspondence, his failure to attend mediation and his failure to respond to the Tribunal’s January 23, 2009 direction all suggest he has abandoned his Application. Therefore, unless the applicant contacts the Tribunal within 10 days of the date of this decision, stating that he wishes the Tribunal to continue dealing with his Application, the Tribunal will conclude the Application is abandoned and will issue an Order to that effect.

5I am not seized of this matter.