Manzano v. Vanderwater, 2012 HRTO 2133

Human Rights Tribunal of Ontario

B E T W E E N:

Carlos Manzano Applicant

-and-

Charles Vanderwater Respondent

DECISION

Adjudicator: David Muir Date: November 9, 2012 Citation: 2012 HRTO 2133 Indexed as: Manzano v. Vanderwater

Introduction

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 16, 2011.

2On March 6, 2012 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on June 29, 2012 at 655 Bay Street, 14^th Floor, Toronto, Ontario from 9:30 a.m. until 12:30 p.m. 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 June 29, 2012 and did not communicate with the Tribunal to explain the failure to attend.

4On July 3, 2012 the Tribunal wrote the applicant directing that he advise it of his intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing by July 13, 2012 might be deemed an abandonment of the Application. A copy of the Tribunal’s correspondence was also sent to the applicant by email on July 18, 2012 providing a further opportunity to respond no later than July 24, 2012.

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.