HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Delano Brown
Applicant
-and-
Toronto Transit Commission
Respondent
DECISION
Adjudicator: Ena Chadha
Indexed as: Brown v. Toronto Transit Commission
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 11, 2009 and the respondent filed a Response on December 18, 2009.
2On June 16, 2010, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on August 12, 2010. Both parties previously had indicated their willingness to attend mediation. The Notice of Mediation also indicated that if the parties were unable to attend on the scheduled mediation date the parties were required to notify the Tribunal’s Registrar within five days of receiving the Notice. No such notification was received from the applicant.
3The applicant failed to attend the mediation on August 12, 2010. The respondent attended on that date and waited with the Tribunal mediator for the applicant to appear. Given the applicant’s absence, the mediation was cancelled.
4By correspondence dated August 20, 2010, the Tribunal notified the applicant that the applicant’s intentions must be confirmed with the Tribunal and that if the applicant did not respond within 10 days of the date of the correspondence, the Tribunal would deem the Application abandoned and close its file. As of the date of this Decision, the applicant has not responded to the Tribunal’s correspondence and the time for doing so has elapsed.
5On September 14, 2010, the respondent wrote to the Tribunal asking that the Application be disposed of as abandoned in light of the applicant’s failure to respond to the Tribunal’s correspondence. The respondent’s letter was copied to the applicant.
6In the circumstances, the applicant is deemed to have abandoned the Application.
7The Application is dismissed.
Dated at Toronto, this 24^th^ day of September, 2010.
“Signed by”
Ena Chadha
Vice-chair