David Barefoot v. Dollarama 357 (Jackson Square), 2012 HRTO 652

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Barefoot

Applicant

-and-

Dollarama 357 (Jackson Square)

Respondent

DECISION

Adjudicator: Sherry Liang

Date: March 29, 2012

Citation: 2012 HRTO 652

Indexed as: Barefoot v. Dollarama 357 (Jackson Square)

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 July 9, 2010.

2On November 10, 2011 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on January 5, 2012 at 655 Bay Street, 14th Floor, Toronto, 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 5, 2012 and did not communicate with the Tribunal to explain the failure to attend.

4On January 19, 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.