Ferrone v. FCR Management Services LP, 2013 HRTO 1699

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pio Ferrone

Applicant

-and-

FCR Management Services LP and Brad Thibeault

Respondents

DECISION

Adjudicator: Brian Eyolfson

Decision Date: October 9, 2013

Citation: 2013 HRTO 1699

Indexed as: Ferrone v. FCR Management Services LP

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 22, 2012.

2On April 2, 2013, the Tribunal issued a Notice of Mediation to the parties, confirming that mediation of the Application would take place on July 23, 2013, from 10:00 a.m. to 1:00 p.m. It appears that the respondents were in attendance at the outset of the mediation, but the applicant did not attend the mediation until just before 1:00 p.m., indicating that he misread the Notice. By the time the applicant attended the mediation, the respondents had left.

3On August 29, 2013, the Tribunal wrote to the parties indicating that it would reschedule mediation. The parties were directed to consult with each other to determine five mutually agreeable dates in November 2013 for the rescheduling of the mediation and to provide the dates to the Tribunal by September 12, 2013.

4On September 13, 2013, the Tribunal wrote to the parties and indicated that the parties had not provided their agreeable dates for rescheduling the mediation. The Tribunal also confirmed that mediation was rescheduled for November 26, 2013, and enclosed with its correspondence to the parties a new Notice of Mediation.

5In its September 13, 2013 correspondence to the parties, the Tribunal also directed the parties to confirm with the Tribunal, by September 24, 2013, that they would be attending the mediation scheduled for November 26, 2013. The Tribunal’s correspondence also warned the applicant that if he did not respond to the Tribunal, the Application may be dismissed as abandoned.

6As of the date of this Decision, the applicant has not responded to the Tribunal. The Tribunal’s September 13, 2013 correspondence was sent to the applicant by courier at the address he provided in the Application, and has not been returned as undeliverable.

7In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.