HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Shawn Richards Applicant
-and-
Simcoe Parts Service Inc. Respondent
DECISION
Adjudicator: Ena Chadha Date: November 12, 2010 Citation: 2010 HRTO 2218 Indexed as: Richards v. Simcoe Parts Service
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 10, 2009 alleging discrimination with respect to employment on the basis of disability.
2The respondent’s Response was filed with the Tribunal and forwarded to the applicant on December 18, 2009. The applicant did not file a Reply.
3On May 17, 2010, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on September 27, 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.
4The applicant failed to attend the mediation on September 27, 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.
5By correspondence dated October 19, 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 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 12^th^ day of November, 2010.
”signed by”__________
Ena Chadha Vice-chair