Jeffrey Leforte v. Bearing Bronze Ltd. and Dell Huntley, 2014 HRTO 437

Human Rights Tribunal of Ontario

B E T W E E N:

Jeffrey Leforte

Applicant

-and-

Bearing Bronze Ltd. and Dell Huntley

Respondents

DECISION

Adjudicator: Brian Eyolfson

Date: March 27, 2014

Citation: 2014 HRTO 437

Indexed as: Leforte v. Bearing Bronze Ltd.

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 August 12, 2013.

2On November 20, 2013 the Tribunal issued a Notice of Rescheduled Mediation to the parties confirming that mediation of the Application would take place on February 4, 2014 at 9:30 a.m., at 655 Bay Street, 14^th Floor, Toronto, 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 February 4, 2014 and did not communicate with the Tribunal to explain the failure to attend.

4On February 4, 2014 the Tribunal wrote to the applicant by regular mail at the address he provided in the Application, directing that he advise the Tribunal of his intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing by February 14, 2014 might result in the Tribunal deeming the Application to be abandoned and dismissing the Application on that basis. The Tribunal’s February 4, 2014 letter to the applicant was returned as undeliverable.

5On February 19, 2014 the Tribunal wrote to the applicant, by both regular mail and email at the addresses he provided in the Application, and attached a copy of its February 4, 2014 letter to the applicant. The Tribunal also warned the applicant in its February 19, 2014 correspondence that a failure to respond to the correspondence might result in the Tribunal deeming the Application to be abandoned and dismissing the Application on that basis.

6As of the date of this Decision the applicant has not responded to the Tribunal, and the Tribunal’s February 19, 2014 correspondence to the applicant sent by both email and regular mail has not been returned as undeliverable.

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