Moussa Auckbaraulle v. Ponti Menswear, 2012 HRTO 2366

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Moussa Auckbaraulle

Applicant

-and-

Ponti Menswear

Respondent

DECISION

Adjudicator: David Muir

Date: December 18, 2012

Citation: 2012 HRTO 2366

Indexed as: Auckbaraulle v. Ponti Menswear

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 April 2, 2012.

2On June 8, 2012, the Tribunal sent a Notice of Mediation to the parties advising that mediation was scheduled for October 24, 2012. The Notice was sent to the applicant’s legal counsel. Mediation did not proceed on October 24, 2012 as the applicant did not attend the scheduled mediation although his legal representative did attend.

3The Tribunal sent a letter to the applicant and his legal counsel on November 6, 2012 noting his failure to appear at the mediation and asking that the applicant confirm his intentions with respect to the application. The applicant was informed that if he did not advise the Tribunal in writing as to whether he intends to proceed with his Application by November 19, 2012 the Application could be dismissed as abandoned.

4To date, neither the applicant nor his legal counsel have responded to the Tribunal’s November 6, 2012 correspondence.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.