Human Rights Tribunal of Ontario
B E T W E E N:
James Labrash
Applicant
-and-
Bag to Earth Inc. and Kelly Services Canada Ltd.
Respondents
DECISION
Adjudicator: Josée Bouchard
Indexed as: Labrash v. Bag to Earth
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 March 10, 2016.
2On July 15, 2016, the Tribunal issued a Notice of Mediation to the parties confirming mediation would take place on September 29, 2016 at the time and place set out in the Notice. The Notice was mailed to the applicant's address at the address provided in the Application and was not returned as undeliverable.
3On September 21, 2016, the applicant advised the Tribunal that he would not attend the mediation as he had just found a new position. The applicant failed to copy his email to the other counsel in this matter pursuant to the Tribunal's Rules of Procedure. The applicant did not attend the September 29, 2016 mediation.
4On October 7, 2016, the Tribunal wrote to the applicant, by mail and email, directing that he advise it of his intentions with respect to the Application. He was warned that a failure to respond to the letter in writing by October 17, 2016 might be deemed an abandonment of the Application. The applicant did not respond.
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.
Dated at Toronto, this 24^th^ day of October, 2016.
"Signed By"
Josée Bouchard
Vice-chair