HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Alan James Moore
Applicant
-and-
Telcon-Datvox Inc.
Respondent
DECISION
Adjudicator: David Muir
Indexed as: Moore v. Telcon-Datvox 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”).
2On April 5, 2014 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on July 15, 2014. The Notice was mailed to the applicant’s address at the address provided in the Application and was not returned as undeliverable.
3The applicant did not attend the scheduled mediation session on July 15, 2014 and did not communicate with the Tribunal to explain the failure to attend.
4On July 17, 2014 the Tribunal wrote the applicant directing that the applicant advise it of her intentions with respect to the Application by July 28, 2014. The letter warned the applicant that a failure to respond to the letter in writing might be deemed an abandonment of the Application.
5The applicant wrote to the Tribunal on August 15, 2014 with an explanation for his failure to attend the mediation. The applicant’s correspondence was equivocal with respect to his intentions about proceeding with the Application.
6On September 17, 2014 the Tribunal wrote to the parties and directed that the applicant clarify his intentions with respect to this Application by September 26, 2014. The applicant was advised that if he did not respond to the Tribunal’s correspondence the Application might be dismissed as abandoned.
7As 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.
8In the circumstances, the applicant is deemed to have abandoned the Application.
9The Application is dismissed.
Dated at Toronto, this 7th day of October, 2014.
“Signed by”
David Muir
Vice-chair