Human Rights Tribunal of Ontario
B E T W E E N:
Marie Duggan
Applicant
-and-
Villa Care Centre Nursing Home, Edith Robitaille and Christina Bath
Respondents
DECISION
Adjudicator: Faisal Bhabha
Date: October 13, 2010
Citation: 2010 HRTO 2073
Indexed as: Duggan v. Villa Care Centre Nursing Home
[1] The applicant filed an Application on October 28, 2009 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of ancestry and ethnic origin.
[2] On August 3, 2010, a hearing by way of teleconference was held to determine a Request for Order During Proceedings (Form 10) filed by the respondents seeking dismissal of the Application without a full Response on the basis that it was filed out of time.
[3] In an Interim Decision, [2010 HRTO 1695](https://www.minicounsel.ca/hrto/2010/1695), dated August 17, 2010, the Tribunal dismissed part of the Application as untimely. The applicant was directed to provide, within 15 days, particulars of the remaining allegations that were not dismissed.
[4] The applicant did not file particulars by the deadline. In correspondence dated September 3, 2010, counsel for the respondents asked that the Application be dismissed given the applicant’s failure to file submissions. No further correspondence has since been received from the applicant.
[5] In view of the above facts, it appears that the applicant has abandoned the Application. Accordingly, it is dismissed.
Dated at Toronto, this 13th day of October, 2010.
“Signed by”
Faisal Bhabha
Vice-chair