Crane v. Bingemans, 2010 HRTO 611

HUMAN RIGHTS TRIBUNAL OF ONTARIO

BETWEEN:

Coralee Crane Applicant

-and-

Bingemans Inc. Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: March 22, 2010 Citation: 2010 HRTO 611 Indexed as: Crane v. Bingemans

1This Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), involves allegations of discrimination on the basis of family status in the context of employment. In essence, the applicant alleges the respondent failed to accommodate her when she needed to be absent from work to care for her husband.

2In an earlier Interim Decision, 2010 HRTO 250, the Tribunal invited submissions from the parties regarding whether to defer the Application pending the outcome of proceedings, if any, involving the Ministry of Labour.

3The respondent filed submissions on February 11, 2010. It advised that the applicant had not provided submissions in accordance with the Interim Decision and had not filed a Reply. On this basis, the respondent asked that the Application be dismissed. In the alternative, the respondent asked the Tribunal to defer the Application indefinitely.

4The applicant contacted the Tribunal on February 12, 2010, and advised that she had provided submissions to both the Tribunal and the respondent. The Tribunal repeatedly attempted to communicate with the applicant and her representative to obtain copies of these submissions, but was unsuccessful. To date, it appears that neither the Tribunal nor the respondent have received a Reply or submissions from the applicant in response to the Interim Decision.

5Based on the materials filed with the Tribunal, there is no evidence of an ongoing proceeding that would warrant deferral of the Application. Accordingly, the Application will proceed.

6The applicant's apparent failure to file submissions in response to the Interim Decision and her failure to file a Reply are not, in the circumstances, bases to dismiss the Application. The respondent’s request to dismiss is denied.

7I am not seized of this matter.