Human Rights Tribunal of Ontario
B E T W E E N:
Augerinos Apostolos Applicant
-and-
Leo A. Seydel Limited Respondent
DECISION
Adjudicator: David Muir Date: December 18, 2017 Citation: 2017 HRTO 1674 Indexed as: Apostolos v. Leo A. Seydel Limited
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended on March 9, 2016.
2On April 22, 2016, the applicant’s counsel emailed the Tribunal to advise that he would no longer be representing the applicant, and to seek an extension for the applicant to file a Reply to the Response. The applicant was copied on the email correspondence. The Tribunal granted the applicant’s extension request on April 26, 2016.
3On August 31, 2016 the Tribunal sent a Notice of Mediation to the applicant to the mailing address that he provided in his Application. The mail was returned to the Tribunal indicating that the applicant had moved.
4On September 13, 2016 the Tribunal emailed the applicant directing him to provide his current mailing address. The email was sent to the applicant’s email address as provided in the April 22, 2016 email.
5On October 11, 2016 the applicant spoke to Tribunal staff and indicated that he wished to proceed with his Application and participate in mediation. Further, on October 12, 2016 he emailed the Tribunal his written confirmation that he wished to proceed with the Application, and provided an updated mailing address.
6On December 22, 2016 the Tribunal emailed the parties and directed them to communicate with each other to determine 5 mutually agreeable dates for a rescheduled mediation, and to provide them to the Tribunal by January 3, 2017.
7Neither party responded to the December 22, 2016 email.
8In a Case Assessment Direction issued on October 27, 2017 the following the applicant was directed to do the following within 14 days of the Direction:
a. Confirm whether he intends to proceed with his Application; and,
b. If he intends to proceed with the Application, provide the parties’ 5 mutually agreed dates for a rescheduled mediation. Note that the Tribunal is currently scheduling mediations in February and March, 2018.
9The applicant was warned that if he did not comply with these directions within 14 days the Application may be dismissed as abandoned.
10The applicant has not complied with these Directions and the time for doing so has long passed.
11In all of the circumstances the applicant is deemed to have abandoned the Application and it is dismissed.
Dated at Toronto, this 18th day of December, 2017.
”Signed by”
David Muir Vice-chair