Wieslaw Turlejski v. Toronto Community Housing Corporation and Access Housing Connections Inc., 2012 HRTO 217

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Wieslaw Turlejski

Applicant

-and-

Toronto Community Housing Corporation and Access Housing Connections Inc.

Respondents

DECISION

Adjudicator: Ena Chadha

Date: January 30, 2012

Citation: 2012 HRTO 217

Indexed as: Turlejski v. Toronto community Housing Corporation

Reasons for Decision

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 April 4, 2011 and the respondents filed a Response on June 28, 2011.

2On August 25, 2011, the Tribunal sent out a Notice of Mediation to the parties advising that mediation in this matter would be held on October 28, 2011. 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 and were required to provide alternate dates. No such notification was received from the applicant.

3The applicant failed to attend the mediation on October 28, 2011 and did not advise the Tribunal prior to the scheduled date that he would not be able to attend. The applicant did not contact the Tribunal at any time after the mediation regarding his failure to attend.

4On November 1, 2011, the Tribunal sent a letter to the applicant directing the applicant to advise the Tribunal of his intentions with respect to proceeding with the Application by November 14, 2011. The Tribunal noted that in accordance with Rule 5.4 of the Tribunal’s Rules of Procedure, 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. The Tribunal’s letter further noted that if the applicant did not contact the Tribunal and advise of his intentions to proceed with the Application by November 14, 2011, the Tribunal would deem the Application abandoned.

5On December 12, 2011, the Tribunal attempted to email the applicant in order to provide copies of the Tribunal’s November 1, 2011 letter; however, the email was returned as undeliverable.

6On December 14, 2011, the Tribunal telephoned the applicant who advised that he had moved. The applicant was directed to write to the Tribunal and provide his new email and mailing address. The applicant advised the Tribunal’s representative that he did not wish to continue with the Application.

7Pursuant 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 mailing or email addresses. In addition, the applicant failed to attend the scheduled mediation. Furthermore, on December 14, 2011, the applicant verbally advised the Tribunal that he did not wish to continue with his Application. In the circumstances, the applicant is deemed to have abandoned the Application.

8Accordingly, the Application is dismissed as abandoned.