HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
James (Jessica) DeMerchant
Applicant
-and-
Toronto Transit Commission and Ayana Hazel
Respondents
DECISION
Adjudicator: Ena Chadha
Date: December 14, 2010
Citation: 2010 HRTO 2470
Indexed as: DeMerchant 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 November 6, 2009.
2On August 16, 2010 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on November 2, 2010 at the Tribunal’s hearing centre. The Notice was sent to the applicant’s address provided in the Application and was not returned as undeliverable.
3The applicant did not attend the scheduled mediation session on November 2, 2010, and did not communicate with the Tribunal to explain the failure to attend.
4On November 19, 2010, the Tribunal wrote the applicant asking the applicant to advise it of his intentions with respect to the Application within ten days of the date of the letter. The letter advised the applicant that a failure to respond would be deemed an abandonment of the Application.
5As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence has not been returned.
6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 14^th^ day of December, 2010.
”signed by”__________
Ena Chadha
Vice-chair