Tyler Agnew v. Eagle North Holdings Inc. o/a Cambridge Toyota, 2011 HRTO 1547

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tyler Agnew

Applicant

-and-

Eagle North Holdings Inc. o/a Cambridge Toyota

Respondent

DECISION

Adjudicator: Alan Smith

Date: August 17, 2011

Citation: 2011 HRTO 1547

Indexed as: Agnew v. Eagle North Holdings Inc. o/a Cambridge Toyota

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 November 17, 2010.

2On May 5, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on June 15, 2011 at Toronto. 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 June 15, 2011 and did not communicate with the Tribunal to explain the failure to attend.

4On July 5, 2011, the Tribunal wrote the applicant to directing that he advise it of his intentions with respect to the Application. The letter was sent by both regular mail and email. The letter warned the applicant that a failure to respond to the letter in writing by July 15, 2011 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.