Human Rights Tribunal of Ontario
B E T W E E N:
Carolyn Farrington
Applicant
-and-
Arif Enterprises Inc. and Florence Hughes
Respondents
DECISION
Adjudicator: Ena Chadha
Date: November 18, 2010
Citation: 2010 HRTO 2302
Indexed as: Farrington v. Arif Enterprises
[1] The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on June 17, 2010 alleging discrimination and reprisal with respect to employment on the basis of record of offences and association with a person identified by a Code ground.
[2] By correspondence dated August 18, 2010, the Tribunal issued a Notice of Intent to Dismiss which advised the applicant that, based on a review of the Application and narrative, the applicant failed to describe how the respondent’s behaviour related to the ground of “record of offences” as defined under section 10(e) of the Code. Further, the applicant’s narrative failed to identify any specific acts of discrimination or reprisal within the meaning of the Code allegedly committed by the respondent in relation to the applicant’s association with a person identified by a Code protected ground.
[3] The Tribunal directed the applicant to provide written submissions within 30 days from August 18, 2010 as to the issue of the Tribunal’s jurisdiction. The applicant was also advised that the Tribunal may consider a failure to respond as an abandonment of the Application and dismiss the Application for that reason.
[4] The applicant has not responded to the Tribunal’s correspondence and the timeline for providing written submissions has elapsed.
[5] In the circumstances, the applicant is deemed to have abandoned the Application.
[6] Accordingly, the Application is dismissed.
Dated at Toronto, this 18th day of November, 2010.
“Signed by”
Ena Chadha
Vice-chair