Mullis v. Canadian Niagara Hotels Inc., 2013 HRTO 335

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jason James Mullis Applicant

-and-

Canadian Niagara Hotels Inc. c/o Sheraton on the Falls Hotel and Conference Centre Respondent

DECISION

Adjudicator: David Muir Date: February 27, 2013 Citation: 2013 HRTO 335 Indexed as: Mullis v. Canadian Niagara Hotels Inc.

1This is an Application filed on May 30, 2012, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to goods, services and facilities based on disability.

2Both parties agreed to mediation.

3By Notice of Mediation dated October 15, 2012, The Tribunal confirmed that a mediation in this matter was scheduled for January 25, 2013. The Notice of Mediation was sent to all parties by regular mail to the addresses and contact information provided by the parties. This correspondence was not returned to the Tribunal as undeliverable.

4On January 25, 2013, the applicant failed to attend the mediation. The applicant did not advise the Tribunal prior to the scheduled mediation date or any time after the Notice of Mediation was provided to the parties that he was unable to attend on the scheduled date and time.

5By correspondence to the applicant dated January 30, 2013, the applicant was directed to advise the Tribunal and the respondent on or before February 11, 2013, whether he intended to proceed with this Application. The Tribunal advised the applicant that if he did not respond to this correspondence by February 11, 2013, that the Tribunal may deem the Application to be abandoned and dismiss the Application. This correspondence was sent by regular mail and e-mail to the addresses provided by the applicant in his Application. This correspondence has not been returned to the Tribunal as undeliverable.

6The applicant has not responded to the Tribunal’s correspondence of January 30, 2013, and the time for doing so has passed.

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