Justin Morin v. Paul Burford, 2014 HRTO 1432

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Justin Morin

Applicant

-and-

Paul Burford

Respondent

DECISION

Adjudicator: Alison Renton Date: September 25, 2014 Citation: 2014 HRTO 1432 Indexed as: Morin v. Burford

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on December 17, 2013.

2On April 14, 2014, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on August 19, 2014 at 1:30 p.m. at 655 Bay Street, 14th Floor, Toronto, Ontario. The Notice was mailed to the applicant’s address at the address provided in the Application, but was returned by Canada Post as “return to sender”. The Tribunal then contacted the applicant by email and emailed the Notice of Mediation to him. On May 6, 2014, the applicant responded, by the same email address, and provided his new address.

3The applicant did not attend the scheduled mediation session on August 19, 2014 and did not communicate with the Tribunal to explain the failure to attend.

4On August 20, 2014, the Tribunal wrote the applicant at the address he provided in his May 6, 2014 email directing that the applicant advise it of his intentions of proceeding with the Application. The letter warned the applicant that a failure to respond to the letter in writing by August 30, 2014 might be deemed an abandonment of the Application. That letter was sent by regular mail and was returned to the Tribunal by Canada Post as “Return to Sender” with a handwritten “moved” on the envelope.

5The Tribunal emailed the applicant, at the email address he identified on his Application, which was the same as that from which he sent his May 6, 2014 email, attached its August 20, 2014 correspondence and directed the applicant to respond by September 12, 2014.

6As of the date of this Decision the applicant has not responded to the Tribunal.

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