Rotondo v. Ballantry Construction Inc., 2013 HRTO 522

Human Rights Tribunal of Ontario

B E T W E E N:

Danny Rotondo Applicant

-and-

Ballantry Construction Inc. Respondent

DECISION

Adjudicator: Brian Eyolfson Date: March 27, 2013 Citation: 2013 HRTO 522 Indexed as: Rotondo v. Ballantry Construction Inc.

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 July 6, 2012.

2On December 12, 2012 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on February 7, 2013 at 9:30 am at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant’s address and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on February 7, 2013 and did not communicate with the Tribunal to explain the failure to attend.

4On February 11, 2013 the Tribunal wrote to the applicant by regular mail and email directing that he advise it of his intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing within ten days may 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 him has not been returned.

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