Carrillo v. Amore Food Group, 2011 HRTO 1056

Human Rights Tribunal of Ontario

B E T W E E N:

Ritha Carrillo Applicant

-and-

Amore Food Group, Nadjeda Glebova and Valeria Edelenji Respondents

A N D B E T W E E N:

Ritha Carrillo Applicant

-and-

Amore Food Group, Nadjeda Glebova and Valeria Edelenji Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: June 2, 2011 Citation: 2011 HRTO 1056 Indexed as: Carrillo v. Amore Food Group

1The applicant filed two Applications (T-0376-08 and 2008-00606-I) under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in employment. Both Applications name the same respondents. By way of an earlier Interim Decision, 2009 HRTO 1335, the Tribunal decided that these Applications should be heard together.

2On January 15, 2010, the Tribunal was notified that the corporate respondent was dissolved under bankruptcy and is no longer in operation. On July 19, 2010, the applicant indicated that she wished to pursue these Applications as against the individual respondents.

3On April 18, 2011, the Tribunal issued a Notice of Hearing scheduling the hearing in these matters for September 1-2, 2011.

4By way of letter dated April 27, 2011, counsel for the applicant advised that she was withdrawing as counsel of record as she is unable to locate the applicant and unable to obtain instructions.

5Pursuant to Rule 16.1, all arguably relevant documents in the possession of a party must be disclosed to other parties no later than 21 days after the Tribunal sends a Confirmation of Hearing. The applicant has failed to comply with this requirement.

6In light of the April 27, 2011 correspondence, there is a question as to whether the applicant has received notice that the hearing has been scheduled.

7Pursuant to Rule 1.13 of the Tribunal's Rules of Procedure, all parties are required to notify the Tribunal and other parties of any change in contact information. It is unclear whether the Tribunal has the applicant's current address or telephone number, and whether the applicant intends to proceed with these Applications.

ORDER

8The Tribunal notes that in accordance with Rule 5.4 of the Tribunal's Rules of Procedure, the Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

9As such, the Tribunal orders as follows:

1. The Tribunal will send a copy of the Notice of Hearing along with this Interim Decision to the applicant at her last known address;
2. Within seven days of the date of this Interim Decision, the applicant is required to write to the Tribunal, copied to the respondents, advising of her intentions with respect to the Applications and providing her current contact information;
3. Should the applicant intend to proceed with these Applications, she is required to comply with Rule 16.1 and file confirmation of compliance within 10 days of this Interim Decision; and
4. If the applicant does not correspond within 10 days of the date of this Interim Decision, the Tribunal would deem the Application abandoned and the close its file.

10I am not seized of this matter.

Dated at Toronto, this 2^nd day of June, 2011.

"signed by"_____________

Ena Chadha Vice-chair