Andwele Grant v. Kelsey’s Bar and Grill, 2013 HRTO 809

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andwele Grant

Applicant

-and-

Kelsey’s Bar and Grill

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: May 14, 2013

Citation: 2013 HRTO 809

Indexed as: Grant v. Kelsey’s Bar and Grill

1This Application was filed on August 17, 2012 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), and alleges discrimination with respect to employment.

2Both parties agreed to mediation.

3By Notice of Mediation dated February 8, 2013, the Tribunal confirmed with the parties that a mediation in this matter was scheduled for April 17, 2013. The Notice of Mediation was sent to the applicant by regular mail at the address he provided in the Application. This correspondence was not returned to the Tribunal as undeliverable.

4The applicant failed to attend the mediation on April 17, 2013. 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 at the scheduled date and time.

5By correspondence from the Tribunal dated April 17, 2013, the applicant was directed to advise the Tribunal and the respondent on or before April 29, 2013 whether he intended to proceed with this Application. The Tribunal advised the applicant that if he did not respond to this correspondence by April 29, 2013, 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, and has not been returned to the Tribunal as undeliverable.

6The applicant has not responded to the Tribunal’s correspondence of April 17, 2013 and the time for doing so has now passed.

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