Tamesha Foote v. Lisa Wallace, 2010 HRTO 1568

Human Rights Tribunal of Ontario

Between:

Tamesha Foote Applicant

-and-

Lisa Wallace Respondent

Decision

Adjudicator: Brian Eyolfson Date: July 20, 2010 Citation: 2010 HRTO 1568 Indexed as: Foote v. Wallace

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 March 2, 2010, and the respondent filed a Response to the Application on May 20, 2010.

2In her Response, the respondent made a Request for Early Dismissal of the Application on the basis that the substance of the Application has been appropriately dealt with in another proceeding. On May 27, 2010, the applicant was provided with a copy of the Response and Notice of Respondent's Request to Dismiss. The applicant was invited to file a Reply and address the respondent's Request to Dismiss within 14 days of May 27, 2010.

3By correspondence dated June 18, 2010, the Tribunal confirmed that the applicant had not provided her Reply and the time for doing so had elapsed. The Tribunal directed the applicant to file a response to the Request to Dismiss by July 2, 2010, and indicated that if the applicant did not file response by that date, the Tribunal may decide that the Application was abandoned and dismiss it on that basis, or may decide the Request to Dismiss based on the material before the Tribunal.

4As of the date of this Decision, the Tribunal has not received a response to the respondent's Request to Dismiss from the applicant. In the circumstances, the applicant is deemed to have abandoned her Application and the Tribunal's file will be closed.