John McMullan v. Commissionaires Great Lakes, 2014 HRTO 1378

Human Rights Tribunal of Ontario

B E T W E E N:

John McMullan Applicant

-and-

Commissionaires Great Lakes Respondent

DECISION

Adjudicator: Brian Eyolfson Decision Date: September 18, 2014 Citation: 2014 HRTO 1378 Indexed as: McMullan v. Commissionaires Great Lakes

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on January 16, 2014.

2On May 7, 2014 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on July 29, 2014 at 9:30 a.m., at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant’s representative’s address provided in the Application and was not returned as undeliverable.

3The parties did not attend the scheduled mediation session on July 29, 2014 and did not communicate with the Tribunal to explain the failure to attend.

4On July 30, 2014 the Tribunal wrote to the applicant at his representative’s address provided in the Application, directing that the applicant advise the Tribunal of his intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing by August 11, 2014 might result in the Tribunal deeming the Application to be abandoned and dismissing the Application on that basis.

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 as undeliverable.

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