Zachary Shaver v. TD Insurance (Home & Auto), 2013 HRTO 1833

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Zachary Shaver

Applicant

-and-

TD Insurance (Home & Auto)

Respondent

DECISION

Adjudicator: David Muir

Date: October 31, 2013

Citation: 2013 HRTO 1833

Indexed as: Shaver v. TD Insurance (Home & Auto)

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 December 28, 2012.

2On June 6, 2013 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on August 23, 2013 at 10:00 a.m. at the Howard Johnson Plaza, 50 Brady Street in Sudbury Ontario. The Notice was mailed to the applicant’s address at the address provided in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on August 23, 2013 and did not communicate with the Tribunal to explain the failure to attend.

4On September 5, 2013 the Tribunal wrote the applicant directing that the applicant advise it of his/her intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing within ten days might 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 the applicant has not been returned.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.