Jerome Lane v. YRC Logistics Supply Chain Solutions Inc. and Paul Stewart, 2010 HRTO 615

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jerome Lane

Applicant

-and-

YRC Logistics Supply Chain Solutions Inc. and Paul Stewart

Respondents

DECISION

Adjudicator: Brian Eyolfson

Date: March 22, 2010

Citation: 2010 HRTO 615

Indexed as: Lane v. YRC Logistics Supply Chain Solutions

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 April 2, 2009, and the respondents filed a Response on June 5, 2009. As the parties indicated that they consented to mediation, a mediation was scheduled for October 2, 2009, however, the applicant did not attend the mediation.

2On October 8, 2009, the organizational respondent filed a Request for an Order During Proceedings (“RFOP”) that the Application be dismissed as the applicant failed to attend the mediation. The respondent submitted that it was its understanding that the applicant did not provide notice that he would not attend the mediation, nor was a reason for the absence provided by the applicant. The applicant did not respond to the RFOP.

3By correspondence dated February 4, 2010, the Tribunal advised the applicant that he must advise the Tribunal of his intentions with respect to the Application and that if he did not respond within ten days of the date of the correspondence, the Tribunal would deem him to have abandoned the Application and close the file. The applicant has not responded to the Tribunal’s correspondence.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.