William Smith v. Meineke Car Care Centre and Michael Colacci, 2011 HRTO 836

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

William Smith

Applicant

-and-

Meineke Car Care Centre and Michael Colacci

Respondents

DECISION

Adjudicator: Brian Eyolfson Date: April 28, 2011 Citation: 2011 HRTO 836 Indexed as: Smith v. Meineke Car Care Centre

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 May 12, 2010.

2On January 13, 2011 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on March 21, 2011 at 655 Bay Street, 14^th^ Floor, Toronto, Ontario. 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 March 21, 2011 and did not communicate with the Tribunal to explain the failure to attend.

4On March 24, 2011 the Tribunal wrote to the applicant directing that he advise of his 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.

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.