HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Joanne Kaj
Applicant
-and-
Orsini Bros. Inns Inc. o/a Doubletree Resort Lodge & Spa,
Robert Orsini and Jennifer Hipwell
Respondents
DECISION
Adjudicator: Mark Hart
Indexed as: Kaj v. Orsini Bros. Inns
1This is an Application filed under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) dated October 10, 2008. The underlying complaint was filed with the Ontario Human Rights Commission on April 7, 2008.
2On February 18, 2009, the Tribunal issued an Interim Decision, 2009 HRTO 170, deferring the Application pending the conclusion of a proceeding under the Employment Standards Act, 2000, S.O. 2000, c. 41 as amended (“ESA”) (the “ESA” proceeding).
3By letter dated October 26, 2010, the Tribunal inquired of the parties as to the status of the ESA proceeding. That same day, the respondents advised that the matter had been settled. At the Tribunal’s request, a copy of the settlement agreement was provided by the respondents. The settlement agreement is dated June 9, 2009 and includes compensation expressly in relation to the applicant’s human rights Application and provides that “in consideration for this payment to the [applicant], the [applicant] hereby withdraws her human rights claims”.
4By letter dated December 8, 2010, the Tribunal directed the applicant to advise by December 22, 2010 whether she agrees that the Application is now resolved, failing which the Application would be dismissed as abandoned.
5As no response has been received from the applicant to date, the Application is dismissed as withdrawn and abandoned.
Dated at Toronto, this 13th day of January, 2011.
“signed by”
Mark Hart
Vice-chair