Ivan Kotskulych v. Saint Paul University, 2011 HRTO 459

Human Rights Tribunal of Ontario

B E T W E E N:

Ivan Kotskulych

Applicant

-and-

Saint Paul University

Respondent

DECISION

Adjudicator: Kathleen Martin

Date: March 4, 2011

Citation: 2011 HRTO 459

Indexed as: Kotskulych v. Saint Paul University

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 28, 2010.

2On October 8, 2010, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on November 12, 2010, at the offices of the Canadian Human Rights Tribunal in Ottawa, Ontario. The Notice was mailed to the applicant’s address provided in his Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on November 12, 2010, and did not communicate with the Tribunal to explain his failure to attend.

4On February 3, 2011, the Tribunal wrote the applicant to require him to advise it of his intentions with respect to the Application. The letter went on to warn the applicant that a failure to respond in writing within ten days of the date of the letter would be deemed an abandonment of the Application. As of the date of this Decision, the applicant has not responded to the Tribunal and the Tribunal’s correspondence has not been returned.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.