Jeffery Francis Cox v. Momentous Corporation, 2013 HRTO 1389

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jeffery Francis Cox

Applicant

-and-

Momentous Corporation

Respondent

DECISION

Adjudicator: Naomi Overend Date: August 13, 2013 Citation: 2013 HRTO 1389 Indexed as: Cox v. Momentous Corporation

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 August 27, 2012.

2The parties consented to mediation.

3On April 30, 2013, the Tribunal sent a Notice of Mediation to the parties scheduling the mediation for August 1, 2013 in the City of Toronto.

4Counsel for the respondent wrote to the Tribunal on May 3, 2013 requesting that the mediation be re-scheduled for August 1, 2013, but in the City of Ottawa.

5The Tribunal sent correspondence via e-mail to the applicant on June 26, 2013 in which the applicant was asked if he would participate in mediation if it was held in the City of Ottawa. The applicant was asked to respond to this inquiry by June 28, 2013.

6The Tribunal subsequently sent correspondence to the applicant via regular mail to an address provided by the applicant and via e-mail requesting that he provided his position on whether he would participate in mediation in the City of Ottawa before July 19, 2013. The Tribunal advised the applicant that if he did not respond to this correspondence that the Tribunal may dismiss his Application as abandoned.

7To date, the applicant has not responded to the Tribunal's correspondence of June 26, 2013 and July 8, 2013 and the time for doing so has now passed.

8In the circumstances, the applicant is deemed to have abandoned the Application.

9The Application is dismissed.