Derek Callaway v. Golden Valley Farms Inc., 2016 HRTO 823

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Derek Callaway

Applicant

-and-

Golden Valley Farms Inc.

Respondent

DECISION

Adjudicator: Naomi Overend

Date: June 17, 2016

Citation: 2016 HRTO 823

Indexed as: Callaway v. Golden Valley Farms Inc.

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 February 24, 2015.

2On July 8, 2015, the Tribunal issued a Notice of Mediation confirming that the mediation would take place on August 5, 2015. The parties were unable to attend on the first date offered to them, and provided alternative dates. On January 27, 2016, the Tribunal issued a second Notice of Mediation confirming that mediation of the Application would take place on March 2, 2016 at 1:30 p.m. at 655 Bay Street, 14th Floor, Toronto, Ontario. The mailed Notice was returned as undeliverable and so was subsequently emailed to the applicant at the address provided in the Application.

3The applicant did not attend the scheduled mediation session on March 2, 2016 and did not communicate with the Tribunal to explain the failure to attend.

4On March 15, 2016 the Tribunal wrote to the applicant directing that the applicant to 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. The mailed version was subsequently returned as undeliverable.

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.