Carrillo v. Amore Food Group, 2011 HRTO 1273

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

dECISION

Adjudicator: Ena Chadha

Date: July 4, 2011

Citation: 2011 HRTO 1273

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.

4On April 27, 2011, counsel for the applicant wrote the Tribunal and advised that she was withdrawing as counsel of record as she is unable to locate the applicant and unable to obtain instructions.

5By way of Interim Decision, 2011 HRTO 1056, the Tribunal sent a copy of the Notice of Hearing along with the Interim Decision to the applicant at her last known address.

6The Tribunal ordered the applicant to write to the Tribunal, copied to the respondents, advising of her intentions with respect to the Applications and provide her current contact information. The Tribunal noted 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. The Interim Decision further noted that if the applicant did not provide the required information within 10 days of the date of the Decision, the Tribunal would deem the Applications abandoned and the close its files.

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. The applicant failed to notify the Tribunal of her change of address and the applicant has failed to advise the Tribunal as to her intentions with respect to these Applications.

8In the circumstances, the applicant is deemed to have abandoned the Applications.

9The Applications are dismissed as abandoned and the hearing is cancelled.