Lorin Soura v. Coffee Time Donuts Incorporated, 2009 HRTO 1957

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lorin Soura

Applicant

-and-

Coffee Time Donuts Incorporated

Respondent

DECISION

Adjudicator: Mary Truemner

Date: November 18, 2009

Citation: 2009 HRTO 1957

Indexed as: Soura v. Coffee Time Donuts

1This is an Application filed under s.34 of Part IV of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the “Code”), on January 22, 2009.

2On September 21, 2009, the Tribunal sent a notice of mediation to the applicant and respondent. The applicant did not attend the mediation nor contact the Tribunal regarding his absence.

3On October 20, 2009, the Tribunal sent a letter to the applicant, requesting that the applicant advise whether he wanted the Tribunal to reschedule mediation or schedule the Application directly for a hearing. The letter also stated the following:

The Tribunal draws your attention 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.

If you do not respond within ten days of the date of this letter, the Tribunal will deem you to have abandoned the Application and close this file.

4The Tribunal has received no correspondence or other communication from the applicant responding to the Tribunal’s letter of October 20, 2009.

5In the circumstances, the applicant is deemed to have abandoned his Application. The Application is dismissed.