Liu v. Heligear Canada Acquisition Corp., 2013 HRTO 1798

Human Rights Tribunal of Ontario

B E T W E E N:

Xiaoyang Liu Applicant

-and-

Heligear Canada Acquisition Corp. d/b/a Northstar Aerospace (Milton) and 1467277 Ontario Ltd. o/a Express Employment Professionals Respondents

DECISION

Adjudicator: Brian Eyolfson Decision Date: October 25, 2013 Citation: 2013 HRTO 1798 Indexed as: Liu v. Heligear Canada Acquisition Corp.

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 February 5, 2013.

2On July 4, 2013 the Tribunal issued a Notice of Rescheduled Mediation to the parties confirming that mediation of the Application would take place on September 26, 2013 at 9:30 a.m. 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 September 26, 2013 and did not communicate with the Tribunal to explain the failure to attend.

4On September 27, 2013 the Tribunal wrote to the applicant directing that the applicant advise the Tribunal and the respondents of his intentions with respect to the Application. The Tribunal’s letter warned the applicant that a failure to respond in writing within ten days of the date of the letter might result in the Tribunal deeming the Application to be abandoned and the Application being dismissed on that basis.

5On October 9, 2013 the Tribunal also sent an email to the applicant at the email address provided in the Application, and attached a copy of the Tribunal’s September 27, 2013 letter to the Applicant. The Tribunal’s email advised the applicant that he must advise the Tribunal and the respondents in writing by October 15, 2013 as to whether he intended to proceed with the Application.

6As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence to the applicant has not been returned as undeliverable.

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