Baker v. Kingston General Hospital, 2010 HRTO 539

Human Rights Tribunal of Ontario

Between:

Sonia Baker Applicant

-and-

The Board of Governors of Kingston General Hospital, Pam Devine and Bill Hunter Respondents

Reconsideration Decision

Adjudicator: Sherry Liang Date: March 12, 2010 Citation: 2010 HRTO 539 Indexed as: Baker v. Kingston General Hospital

1This is an Application filed on October 2, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2On February 24, 2010, the Tribunal dismissed this Application as abandoned, as a result of the applicant’s failure to file submissions in response to the Tribunal’s previous directions of January 19, 2010, in Interim Decision 2010 HRTO 122.

3The applicant has filed a Request for Reconsideration of the Decision dismissing the Application, 2010 HRTO 420, on the basis that she did not receive the Tribunal’s Interim Decision. She states that it was sent by the Tribunal to an outdated email address. She informed staff at the Tribunal that she received a copy of that Decision from the respondent.

4On review of the Tribunal’s file, it appears that the Tribunal’s decisions of February 24 and January 19 were sent to an outdated email address for the applicant. Because of the lack of notice of the Tribunal’s directions, the Decision dismissing the Application is revoked.

5Along with this Reconsideration Decision, the Tribunal is sending the applicant a copy of its January 19, 2010 Interim Decision. The directions in that Interim Decision remain in effect, but the applicant has until April 6, 2010, to file her written submissions on the issues.

6The Tribunal will consider the applicant’s submissions before deciding whether to dismiss or proceed with all or part of the Application. If the applicant does not file written submissions by the required time, the Tribunal may make its decision based on the material before it, or may consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

7This decision will be sent to the applicant by courier, regular mail and email, at the address provided by the applicant.