Pedrita Delvo v. Robert Lowery, 2010 HRTO 1813

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pedrita Delvo Applicant

-and-

Robert Lowery Respondent

DECISION

Adjudicator: Ena Chadha Date: September 2, 2010 Citation: 2010 HRTO 1813 Indexed as: Delvo v. Lowrey

1This Decision deals with an Application filed on June 1, 2010 under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") alleging discrimination with respect to employment because of sex and marital status.

2By correspondence dated July 23, 2010, the Tribunal advised the applicant that based on a review of the Application and allegations, it appears the Application is outside the Tribunal's jurisdiction for two reasons. First, the Application was filed more than one year after the last incident of discrimination, which the Application indicates was October 30, 2008. Second, although the Application cites the ground of "marital status", the applicant's narrative describing the allegations fails to identify any specific acts of discrimination with respect to marital status.

3The Tribunal directed the applicant to provide written submissions within 35 days from July 23, 2010 as to whether or not the Tribunal has jurisdiction to hear this Application. The applicant was also expressly advised that the Tribunal may consider a failure to respond as an abandonment of the Application and dismiss the Application for that reason.

4The applicant has not responded to the Tribunal's correspondence and the timeline for providing written submissions has elapsed.

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

6The Application is dismissed.