Lewis v. 985092 Ontario Ltd., 2015 HRTO 1179

Human Rights Tribunal of Ontario

B E T W E E N:

Kirk Lewis

Applicant

-and-

985092 Ontario Ltd. o/a Subway Sandwiches & Salads

Respondent

DECISION

Adjudicator: Brian Eyolfson Decision Date: September 4, 2015 Citation: 2015 HRTO 1179 Indexed as: Lewis v. 985092 Ontario Ltd.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on January 14, 2015.

2On June 10, 2015, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on July 13, 2015, at 9:30 a.m., at 255 Albert Street, 4th Floor, Ottawa, Ontario. The Notice was mailed to the applicant’s address provided in the Application and was not returned as undeliverable.

3The applicant did not attend the scheduled mediation session on July 13, 2015.

4On July 23, 2015, the Tribunal wrote to the applicant by regular mail at the address the applicant provided in the Application, clearly directing that the applicant must advise the Tribunal and the respondent, in writing, of his intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter by August 4, 2015 might result in the Tribunal deeming the Application to be abandoned and dismissing the Application. On August 17, 2015, the Tribunal’s July 23, 2015 letter to the applicant was returned as undeliverable.

5On August 19, 2015, the Tribunal wrote to the applicant by email at the email address the applicant provided in the Application and attached a copy of the Tribunal’s July 23, 2015 letter to the applicant. The applicant was directed to respond to the Tribunal’s correspondence by August 24, 2015. The Tribunal also drew the applicant’s attention to Rule 5.4 of the Tribunal’s Rules of Procedure which states that the Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

6As of the date of this Decision, the applicant has not responded to the Tribunal’s August 19, 2015 email correspondence to him, and the email correspondence has not been returned as undeliverable.

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