HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Simon Kent
Applicant
-and-
Totem Lodge of Sioux Narrows Ltd. and Dustin Brown
Respondents
DECISION
Adjudicator: Ena Chadha
Indexed as: Kent v. Totem Lodge of Sioux Narrows
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 December 10, 2009.
2On September 30, 2010 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on November 8, 2010 in Thunder Bay. The Notice was sent to the applicant’s address provided in his Application and was not returned as undeliverable.
3The applicant did not attend the scheduled mediation session on November 8, 2010 and did not communicate with the Tribunal to explain his failure to attend.
4On November 18, 2010 the Tribunal wrote the applicant asking him 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 14th day of December, 2010.
“Signed by”
Ena Chadha
Vice-chair