Jackson v. Morrison, 2011 HRTO 1093

Human Rights Tribunal of Ontario

B E T W E E N:

Thomas Jackson Applicant

-and-

Matthew Morrison Respondent

DECISION

Adjudicator: Kathleen Martin Date: June 6, 2011 Citation: 2011 HRTO 1093 Indexed as: Jackson v. Morrison

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 19, 2010.

2On March 23, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on May 6, 2011 at 655 Bay Street, 14th Floor, Toronto, Ontario from 1:30pm to 4:30pm. The Notice was mailed 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 May 6, 2011, and did not advise the Tribunal prior to or subsequent to the mediation date that he could not attend.

4On May 10, 2011, the Tribunal wrote to the applicant by email and mail directing that he advise it of his intentions with respect to the Application. The letter warned the applicant that if he did not respond to the letter in writing by May 20, 2011 the Tribunal might deem the Application to be abandoned and close the file.

5On May 12, 2011, the applicant replied to the Tribunal’s May 10, 2011 letter by email, however, the content of the applicant’s email response did not indicate his intentions regarding his Application.

6On May 16, 2011, the Tribunal emailed the applicant in response to his May 12, 2011 email. The Tribunal indicated that it had received the applicant’s May 12, 2011 email but his intentions regarding his Application remained unclear. The applicant was directed to review the Tribunal’s May 10, 2011 letter and advise the Tribunal by May 20, 2011 in writing whether he intended to proceed with his Application. The Tribunal’s May 16, 2011 correspondence was sent to the applicant’s email provided in the Application and was the same email address used by the applicant in his May 12, 2011 email.

7As of the date of this Decision, the applicant has not responded to the Tribunal’s May 16, 2011 correspondence and the Tribunal’s correspondence to him has not been returned.

8In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.