Mark Dates v. Access Business College and James Tuz, 2013 HRTO 2113

Human Rights Tribunal of Ontario

B E T W E E N:

Mark Dates

Applicant

-and-

Access Business College and James Tuz

Respondent

DECISION

Adjudicator: David Muir Date: December 20, 2013 Citation: 2013 HRTO 2113 Indexed as: Dates v. Access Business College

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 May 24, 2013.

2On August 21, 2013 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on November 7, 2013. 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 November 7, 2013 and did not communicate with the Tribunal to explain the failure to attend.

4On November 12, 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 by November 22, 2013 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.