Owoyemi v. Tropical Nights Restaurant Ltd., 2017 HRTO 1471

Human Rights Tribunal of Ontario

B E T W E E N:

Levar Owoyemi

Applicant

-and-

Tropical Nights Restaurant Ltd.

Respondents

DECISION

Adjudicator: David Muir Decision Date: November 7, 2017 Citation: 2017 HRTO 1471 Indexed as: Owoyemi v. Tropical Nights Restaurant Ltd.

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 July 13, 2017, the Tribunal issued a Notice of Mediation to the parties confirming that mediation of the Application would take place on October 17, 2017. The Notice was mailed to the applicant’s address at the address provided in the Application and was not returned as undeliverable. It was also sent by email.

3The applicant did not attend the scheduled mediation session on October 17, 2017, and did not communicate with the Tribunal to explain the failure to attend.

4On October 18, 2017, the Tribunal wrote the applicant directing that the applicant advise it of his intentions with respect to the Application by October 28, 2017. The letter, which was sent by email and regular mail, warned the applicant that a failure to respond to the letter in writing might be deemed an abandonment of the Application.

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.

7The Application is dismissed.