HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Erik Burggraaf
Applicant
-and-
Sitel Teleservices Inc.
Respondent
DECISION
Adjudicator: Bruce Best
Indexed as: Burggraaf v. Sitel Teleservices Inc.
1This Application was filed under s.34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the “Code”).
2The parties agreed to attempt to resolve the Application by mediation. The Tribunal sent a Notice of Mediation to the parties on June 28, 2016, indicating that a mediation was scheduled for September 28, 2016 in St. Catharines, and providing information about the location and time. Neither the applicant nor the respondent attended the mediation, nor did they otherwise contact the Tribunal.
3Having not heard anything further from the parties, on November 9, 2016 the Tribunal sent a letter to the parties by email advising the applicant that he must advise the Tribunal and the Respondent whether he intended to proceed with the Application. The letter further indicated that if the applicant did not contact the Tribunal by November 19, 2016 that the Tribunal may deem the applicant to have abandoned the Application, and dismiss it on that basis.
4The Notice of Mediation and the letter of November 19, 2016 were both sent to the applicant at the email address provided by the applicant, and neither has been returned undeliverable. The applicant has not responded to the letter and the time for doing so has now passed.
5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 21st day of December, 2016.
“Signed By”
Bruce Best
Vice-chair