Andrew Izzard v. Mongolian Grill - London, 2012 HRTO 299

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrew Izzard

Applicant

-and-

Mongolian Grill - London

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: February 10, 2012

Citation: 2012 HRTO 299

Indexed as: Izzard v. Mongolian Grill

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 6, 2011.

2On November 3, 2011, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on January 13, 2012, at London, 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 January 13, 2012, and did not communicate with the Tribunal to explain the failure to attend.

4On January 24, 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 within ten days may 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.