Ryan Burke v. 1827515 Ontario Inc. o/a Whistle Stop Cafe, 2014 HRTO 385

Human Rights Tribunal of Ontario

B E T W E E N:

Ryan Burke Applicant

-and-

1827515 Ontario Inc. o/a Whistle Stop Cafe Respondent

DECISION

Adjudicator: Douglas Sanderson Decision Date: March 19, 2014 Citation: 2014 HRTO 385 Indexed as: Burke v. 1827515 Ontario 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”), on September 25, 2013.

2On November 25, 2013 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on February 27, 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 and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on February 27, 2014, and did not communicate with the Tribunal to explain the failure to attend.

4On February 28, 2014, the Tribunal wrote the applicant directing that the applicant advise it of his intentions with respect to the Application. The letter warned the applicant that the Tribunal may deem the Application to be abandoned if he did not respond to the letter in writing by March 10, 2014.

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.