McMillan v. Professional Techniques Finish – 1776703 Ont. Inc., 2014 HRTO 205

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dylan McMillan

Applicant

-and-

Professional Techniques Finish – 1776703 Ont. Inc. and Darrell Spooner

Respondents

DECISION

Adjudicator: Brian Eyolfson

Decision Date: February 13, 2014

Citation: 2014 HRTO 205

Indexed as: McMillan v. Professional Techniques Finish – 1776703 Ont. 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 April 15, 2013.

2On September 18, 2013 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on October 24, 2013 at 2:00 p.m., at 208 St. Mary’s Drive, Sault Ste. Marie, Ontario. The Notice was mailed to the applicant’s address provided by the applicant in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on October 24, 2013 and did not communicate with the Tribunal to explain the failure to attend.

4On October 28, 2013 the Tribunal wrote to the applicant directing that the applicant advise it of his intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing by November 7, 2013 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.

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