Ronald Hamilton v. Laurysen Kitchens Ltd., 2011 HRTO 299

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ronald Hamilton

Applicant

-and-

Laurysen Kitchens Ltd.

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: February 14, 2011

Citation: 2011 HRTO 299

Indexed as: Hamilton v. Laurysen Kitchens

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 January 27, 2010 and the respondent filed a Response on April 29, 2010. Both parties agreed to attend mediation, and by letter dated October 29, 2010 the Tribunal notified the parties that a mediation session would be held on January 7, 2011 in Ottawa. Neither party indicated that the date was unsuitable. The respondent appeared at the mediation. The applicant did not.

2By correspondence dated January 13, 2011, the Tribunal noted that the applicant failed to appear at the scheduled mediation and directed the applicant to advise the Tribunal of his intentions with respect to the Application. The Tribunal drew the applicant’s attention to Rule 5.4 of the Tribunal’s Rules of Procedure, which states as follows:

5.4. The Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

3The Tribunal advised the applicant that if he did not respond within 10 days of the date of the correspondence, the Tribunal would deem the applicant to have abandoned the Application and close this 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.