HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Kyle Alexander Morrison
Applicant
-and-
Brant Community Health Care System
Respondent
DECISION
Adjudicator: David Muir
Decision Date: July 26, 2016
Indexed as: Morrison v. Brant Community Health Care System
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On January 13, 2016 the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on March 3, 2016. The Notice was mailed to the applicant’s address at the address provided in the Application and was not returned as undeliverable.
3The applicant did not attend the scheduled mediation session on March 3, 2016 and did not communicate with the Tribunal to explain the failure to attend.
4On March 21, 2016 the Tribunal wrote the applicant directing that the applicant advise it of his intentions with respect to the Application by March 31, 2016. The letter which was sent by regular mail warned the applicant that a failure to respond to the letter in writing might be deemed an abandonment of the Application.
5The applicant did not respond to this Direction.
6On May 27, 2016 the Tribunal wrote to the applicant and his representative. The applicant was directed to confirm in writing whether he intends to proceed with the Application by June 6, 2016. This correspondence was sent by regular mail and email. There is no indication that it was not received by the applicant or his representative.
7As 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.
8In the circumstances, the applicant is deemed to have abandoned the Application.
9The Application is dismissed.
Dated at Toronto, this 26th day of July, 2016.
“Signed By”
David Muir
Vice-chair