Garfield Constant v. Crews and Tango Restaurant & Bar, Parasram Prashad and Michael Ramawad, 2011 HRTO 1299

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Garfield Constant

Applicant

-and-

Crews and Tango Restaurant & Bar, Parasram Prashad and Michael Ramawad

Respondents

DECISION

Adjudicator: Naomi Overend

Date: July 6, 2011

Citation: 2011 HRTO 1299

Indexed as: Constant v. Crews & Tango Restaurant & Bar

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 26, 2010.

2On March 22, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on May 4, 2011 at 655 Bay Street, 14^th Floor, Toronto, Ontario . 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 4, 2011 and did not communicate with the Tribunal to explain the failure to attend.

4On May 9, 2011, the Tribunal wrote the applicant to directing that he advise it of his intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing within ten days 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 to him has not been returned.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.