McCarthy v. TI Automotive, 2012 HRTO 2007

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jamie McCarthy

Applicant

-and-

TI Automotive

Respondent

DECISION

Adjudicator: Naomi Overend

Date: October 23, 2012

Citation: 2012 HRTO 2007

Indexed as: McCarthy v. TI Automotive

Introduction

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability.

2Both parties agreed to mediation.

3The Tribunal scheduled mediation for September 27, 2012. The Notice of Mediation was sent to all parties by regular mail to the addresses and contact information provided by the parties. This correspondence was not returned to the Tribunal as undeliverable.

4On September 27, 2012, the applicant failed to attend the mediation. The applicant did not advise the Tribunal prior to the scheduled mediation date or any time after the Notice of Mediation was provided to the parties that he was unable to attend on the scheduled date and time.

5By correspondence to the applicant dated September 28, 2012, the applicant was directed to advise the Tribunal and the respondent on or before October 8, 2012 whether he intended to proceed with this Application. The Tribunal advised the applicant that if he did not respond to this correspondence by October 8, 2012, that the Tribunal may deem the Application to be abandoned and dismiss the Application. This correspondence was sent by regular mail and e-mail to addresses provided by the applicant in his Application. This correspondence has not been returned to the Tribunal as undeliverable.

6The applicant has not responded to the Tribunal’s correspondence of September 28, 2012, and the time for doing so has passed.

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