Jason Stuart v. Barrie Calebaut Canada, 2016 HRTO 816

Human Rights Tribunal of Ontario

B E T W E E N:

Jason Stuart

Applicant

-and-

Barrie Calebaut Canada

Respondent

DECISION

Adjudicator: Naomi Overend Decision Date: June 16, 2016 Citation: 2016 HRTO 816 Indexed as: Stuart v. Barry Calebaut Canada

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 December 2, 2015.

2On March 3, 2016, the Tribunal issued a Notice of Mediation confirming that the mediation would take place on April 15, 2016. The parties were unable to attend on the first date offered to them, but advised that they were available on May 5, 2016. On March 16, 2016, the Tribunal issued a second Notice of Mediation confirming that mediation of the Application would take place on May 5, 2016 at 10:00 a.m. at 150 Dufferin Ave., 4th floor, London, Ontario. The Notice was emailed to the applicant's address at the address provided in the Application.

3The applicant did not attend the scheduled mediation session on May 5, 2016, and did not communicate with the Tribunal to explain the failure to attend.

4On May 18, 2016, the Tribunal wrote the applicant directing that the applicant advise it of his intentions with respect to the Application. The letter warned the applicant that a failure to respond to the letter in writing within ten days might be deemed an abandonment of the Application. This letter was sent by both regular mail and email.

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.