Nicholas Pigeau v. Georgian Pontiac Buick Inc., 2011 HRTO 1749

Human Rights Tribunal of Ontario

B E T W E E N:

Nicholas Pigeau

Applicant

-and-

Georgian Pontiac Buick Inc.

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: September 22, 2011

Citation: 2011 HRTO 1749

Indexed as: Pigeau v. Georgian Pontiac Buick Inc.

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 September 18, 2009.

2On February 22, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on April 26, 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 April 26, 2011 and did not communicate with the Tribunal to explain the failure to attend.

4On May 22, 2011, the Tribunal wrote the applicant to directing that she advise it of her 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.

5The Tribunal’s letter of May 22, 2011 was re-sent to the applicant by email on August 31, 2011.

6As of the date of this Decision, the applicant has not responded to the Tribunal and the Tribunal’s correspondence to her has not been returned.

7In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.