HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
James Tate
Applicant
-and-
Excel Canada Inc. and Michelle Spector
Respondents
DECISION
Adjudicator: Kathleen Martin
Indexed as: Tate v. Excel Canada
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 May 15, 2009.
2On July 8, 2010 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on September 8, 2010 at the Tribunal’s hearing centre. 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 September 15, 2010 and did not communicate with the Tribunal to explain his failure to attend.
4On September 9, 2010 the Tribunal wrote the applicant to require him to advise it of his intentions with respect to the Application. The letter went on to warn the applicant that a failure to respond in writing within ten days of the date of the letter would be deemed an abandonment of the Application. As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence has not been returned.
5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 20th day of December, 2010.
”signed by”_____________
Kathleen Martin
Vice-chair