Searles v. 2080770 Ontario Inc., 2014 HRTO 1676

Human Rights Tribunal of Ontario

Between:

Shawn Searles Applicant

-and-

2080770 Ontario Inc. c.o.b. Denis Enterprises & Pre-Engineered Building Services Respondent

Decision

Adjudicator: Jennifer Scott Decision Date: November 20, 2014 Citation: 2014 HRTO 1676 Indexed as: Searles v. 2080770 Ontario Inc.

Introduction

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 June 6, 2013.

2On April 9, 2014, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on September 12, 2014, at 10:00 a.m., in Timmins, Ontario. The Notice of mediation was mailed to the applicant’s legal counsel, the Human Rights Legal Support Centre (the “HRLSC”).

3On September 3, 2014, the HRLSC advised the Tribunal that it was no longer representing the applicant in this matter. The HRLSC provided a contact e-mail address for the applicant’s daughter and advised the Notice of Mediation was sent to the e-mail address, but could not confirm the applicant had received it.

4On September 4, 2014, the Tribunal e-mailed the applicant and requested that he confirm his attendance at the mediation on September 12, 2014. The Tribunal also attempted to contact the applicant by telephone at the contact number on file, however the Tribunal was advised the applicant was no longer at that number.

5On September 8, 2014, the Tribunal e-mailed the applicant and requested that he contact the Tribunal by September 10, 2014 to confirm his attendance at the mediation. The applicant did not contact the Tribunal as directed and the mediation scheduled for September 12, 2014 was cancelled.

6By letter dated September 11, 2014, sent by e-mail and by regular mail at the address on file, the Tribunal directed the applicant to advise the Tribunal whether he intended to proceed with his Application. The Tribunal advised the applicant that if he did not respond by September 21, 2014, the Tribunal may deem the Application to be abandoned and dismiss the Application.

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 and the Application is dismissed.