Martin Rivet v. Rexall Drug Stores Ltd., 2010 HRTO 2254

Human Rights Tribunal of Ontario

B E T W E E N:

Martin Rivet

Applicant

-and-

Rexall Drug Stores Ltd., Sherri Dawson and Denis Nadeau

Respondents

DECISION

Adjudicator: Ena Chadha

Date: November 12, 2010

Citation: 2010 HRTO 2254

Indexed as: Rivet v. Rexall Drug Stores

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on July 15, 2009. The respondents filed a Response on October 13, 2009.

2On April 27, 2010, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on September 14, 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 they 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 September 14, 2010. The respondents attended on that date and waited with the Tribunal mediator for the applicant to appear. The mediator attempted to contact the applicant at his last known telephone number; however, that telephone number was out of service. Given the applicant’s absence, the mediation was cancelled.

4By correspondence dated September 21, 2010, the Tribunal wrote to the applicant and noted that he had failed to attend the scheduled mediation. The Tribunal advised the applicant that he was required to inform the Tribunal of his intentions with respect to the Application and 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. The Tribunal’s September 21, 2010 letter was returned to the Tribunal as undeliverable because the recipient was “moved / unknown”.

5By way of email dated October 13, 2010, the Tribunal wrote to the applicant at the email address the applicant had provided to the Tribunal and previously used in his communications with the Tribunal. Attached to this October 13, 2010 email, the Tribunal provided copies of the September 21, 2010 letter regarding the applicant’s failure to attend the mediation. The applicant was directed to inform the Tribunal of his intentions with respect to the Application by October 25, 2010.

6As of the date of this Decision, the applicant has not responded to the Tribunal’s email correspondence and the time for doing so has elapsed.

7Pursuant to Rule 1.13 of the Tribunal’s Rules of Procedure, all parties are required to notify the Tribunal and other parties of any change in contact information. The applicant has not contacted the Tribunal, has not provided the Tribunal with his current address or telephone number, and has failed to attend the scheduled mediation. In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.