Stewart v. Koenraads, 2010 HRTO 1059

Human Rights Tribunal of Ontario

B E T W E E N:

Jordyn Stewart Applicant

-and-

Hank Koenraads Respondent

DECISION

Adjudicator: Brian Cook Date: May 12, 2010 Citation: 2010 HRTO 1059 Indexed as: Stewart v. Koenraads

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 May 5, 2009 and the respondent filed a Response on July 7, 2009. Both parties indicated that they agreed to attend mediation, and a mediation session was scheduled for October 30, 2009. Unfortunately, it was necessary to re-schedule the mediation session. Both parties provided dates on which they were available and a date of April 23, 2010 was eventually identified as a date for mediation that was convenient to the parties.

2The respondent appeared at the mediation session but the applicant did not.

3The applicant has not since responded to correspondence or an email sent to the applicant using the contact information provided by the applicant. In a letter of April 26, 2010, the Tribunal advised the applicant that pursuant to Rule 5.4 of the Tribunal's Rules of Procedure, an Application may be finally determined 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. The letter advised the applicant that the Tribunal would deem the applicant to have abandoned the Application and close its file if the applicant did not respond within ten days of the date of the letter.

4To date, the Tribunal has not heard anything from the applicant.

5In these circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed on that basis.