Gilmour v. 1427555 Ontario Inc., 2016 HRTO 920

Human Rights Tribunal of Ontario

Between:

Murray Gilmour Applicant

-and-

1427555 Ontario Inc. Respondent

Decision

Adjudicator: Naomi Overend Date: July 13, 2016 Citation: 2016 HRTO 920 Indexed as: Gilmour v. 1427555 Ontario 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 November 26, 2015.

2On March 31, 2016, the Tribunal issued a Notice of Mediation confirming that the mediation would take place on May 31, 2016 at 9:30 a.m. at 130 Slater St., Suite 200, Ottawa, Ontario. The applicant did not attend the scheduled mediation session on May 31, 2016 and did not communicate with the Tribunal to explain the failure to attend.

3On June 8, 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 by June 20, 2016 might be deemed an abandonment of the Application. As 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.

4Moreover, counsel for the respondents wrote to the Tribunal on July 5, 2016 asking that the Application be dismissed because of the applicant’s failure to attend the mediation and respond to the Tribunal’s follow-up letter. The applicant was copied on this letter, but did not make any attempt to get in touch with the Tribunal.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.