Human Rights Tribunal of Ontario
B E T W E E N:
Albert Dargue Applicant
-and-
Labour Ready Temporary Services Ltd. and Kathryn Wilson Respondents
DECISION
Adjudicator: Mary Truemner Date: September 24, 2010 Citation: 2010 HRTO 1952 Indexed as: Dargue v. Labour Ready Temporary 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 June 30, 2009 and the respondents filed a Response on September 15, 2009.
2On February 3, 2010, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on June 3, 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.
3On May 4, 2010, the Tribunal sent out an additional Notice of Mediation advising that the mediation was scheduled to proceed for half a day on June 3, 2010. This Notice reiterated that the parties were required to notify the Tribunal's Registrar within five days if they were unable to attend on the scheduled mediation date. Again, no such notification was received from the applicant.
4The applicant failed to attend the mediation on June 3, 2010. Given the applicant's absence, the mediation was cancelled.
5By correspondence dated June 9, 2010, the Tribunal advised the applicant that if he did not respond within 10 days of the date of the correspondence, the Tribunal would deem the Application abandoned and the 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.
6In the circumstances, the applicant is deemed to have abandoned the Application.
7The Application is dismissed.
Dated at Toronto, this 24th day of September, 2010.
"Signed By"
__________________________________
Mary Truemner Vice-chair