Lebrun v. Wacky Wings Eatery and Beverage Company, 2015 HRTO 1361

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Daniel Lebrun

Applicant

-and-

Wacky Wings Eatery and Beverage Company; The City of Greater Sudbury

Respondents

DECISION

Adjudicator: David Muir Decision Date: October 13, 2015 Citation: 2015 HRTO 1361 Indexed as: Lebrun v. Wacky Wings Eatery and Beverage Company

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On August 6, 2015, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on September 18, 2015. 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 September 18, 2015 and did not communicate with the Tribunal to explain the failure to attend.

4On September 21, 2015 the Tribunal wrote the applicant directing that the applicant advise it of her intentions with respect to the Application by October 1, 2015. The letter warned the applicant that a failure to respond to the letter in writing might be deemed an abandonment of the Application.

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.

7The Application is dismissed.