Michael Easton v. Sykes Assistance Services Corporation, 2009 HRTO 509

Human Rights Tribunal of Ontario

Between:

Michael Easton Applicant

-and-

Sykes Assistance Services Corporation Respondent

Decision

Adjudicator: Ken Bhattacharjee Date: April 28, 2009 Citation: 2009 HRTO 509 Indexed as: Easton v. Sykes Assistance Services

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 September 2, 2008 and the respondent filed a Response on November 27, 2008. Although both parties agreed to attend mediation, neither appeared at the mediation scheduled for March 3, 2009.

2The Tribunal contacted the applicant to determine whether he wished to reschedule the mediation or continue to pursue his Application but was unable to obtain his position. Finally, by Notice dated March 19, 2009 and mailed to applicant at the address provided in the Application, the Tribunal advised the applicant that if he did not respond within 10 days of the date of the Notice to provide his intentions with respect to the Application, the Tribunal would deem the Application abandoned and close its file.

3The applicant has not responded to the Tribunal's correspondence and the Notice has not been returned to the Tribunal. Rule 1.22(a) confirms that delivery of a document by mail is deemed to have occurred on the 5th day after the postmark date.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.