Pressello v. Fred Victor Centre, 2016 HRTO 749

Human Rights Tribunal of Ontario

B E T W E E N:

Daniel Pressello Applicant

-and-

Fred Victor Centre Respondent

DECISION

Adjudicator: Ken Bhattacharjee Date: June 1, 2016 Citation: 2016 HRTO 749 Indexed as: Pressello v. Fred Victor Centre

1On August 31, 2015, the applicant filed an Application with the Tribunal under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2On October 13, 2015, the respondent filed a Response.

3On December 8, 2015, the Tribunal issued a Notice of Mediation, which informed the parties that the mediation was scheduled for January 15, 2016.

4On December 8, 2015, the applicant sent the Tribunal an email, which requested the mediation be rescheduled because he would be out of the province temporarily.

5On December 9, 2015, the Tribunal sent the applicant an email, which directed him to provide five available dates for rescheduling the mediation, and set a deadline of December 23, 2015 to provide those dates. The applicant did not respond to this email.

6On January 14, 2016, the Tribunal sent the applicant a further email, which noted that the deadline to provide his five available dates for rescheduling the mediation had passed, and directed him to provide those dates by January 20, 2016. The applicant did not respond to his email.

7On March 23, 2016, the Tribunal sent the applicant a letter, which stated:

The HRTO requires confirmation from you with respect to your intentions for this Application. If you wish to proceed with the Application, you must respond to our email of January 14, 2016 as directed and provide the HRTO with the parties’ mutually agreeable dates for rescheduling. The HRTO is currently scheduling in May, 2016 and beyond.

The HRTO draws your attention to Rule 5.4 of the HRTO’s Rules of Procedure, which states:

5.4 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.

If you do not respond to this letter by April 8, 2016, the HRTO may deem the Application to be abandoned and close the file.

8To date, the applicant has not responded to this letter, or otherwise contacted the Tribunal.

9In the circumstances, the applicant is deemed to have abandoned the Application.

10The Application is dismissed.