Phillip Tellier v. M & E Mowbray Enterprises Inc. and Michael Mowbray, 2011 HRTO 652

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Phillip Tellier

Applicant

-and-

M & E Mowbray Enterprises Inc. and Michael Mowbray

Respondents

DECISION

Adjudicator: Ena Chadha

Date: April 5, 2011

Citation: 2011 HRTO 652

Indexed as: Tellier v. M & E Mowbray Enterprise

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 23, 2009 and the respondent filed a Response on December 24, 2009.

2On May 17, 2010, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on September 28, 2010. Both parties previously had indicated their willingness to attend mediation. The Notice of Mediation also indicated that if the parties were unable to attend on the scheduled mediation date the parties were required to notify the Tribunal's Registrar within five days of receiving the Notice. No such notification was received from the applicant.

3The applicant failed to attend the mediation on September 28, 2010. Counsel for the respondent together with a client representative attended on that date and waited with the Tribunal mediator for the applicant to appear. Given the applicant's absence, the mediation was cancelled.

4By correspondence dated March 4, 2011, the Tribunal advised the applicant that if she did not respond within 10 days of the date of the correspondence, the Tribunal would deem the Application abandoned and close its file. The Tribunal drew the applicant's attention to Rule 5.4 of the Tribunal's Rules of Procedure, which states:

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.

5The Tribunal's March 4, 2011 correspondence was sent both by email and regular mail. The posted letter was returned as "moved/unknown". As of the date of this Decision, the applicant has not responded to the Tribunal's email correspondence and the time for doing so has elapsed.

6Pursuant to Rule 1.13 of the Tribunal's Rules of Procedure, all parties are required to notify the Tribunal and other parties of any change in contact information. The applicant has not provided the Tribunal with his current address or telephone number, and has failed to advise the Tribunal of his intentions.

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

8The Application is dismissed.