Human Rights Tribunal of Ontario
B E T W E E N:
Catherine Chan Applicant
-and-
Drake International Inc. Respondent
DECISION
Adjudicator: Douglas Sanderson Date: January 19, 2011 Citation: 2011 HRTO 137 Indexed as: Chan v. Drake International
Reasons for Decision
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on January 12, 2009 on the grounds of sex and pregnancy.
2The applicant also filed a claim under the Employment Standards Act, 2000, S.O. c.41, as amended (“the ESA claim”) and the respondent requested deferral of the Application pending disposition of the ESA claim. In an Interim Decision, 2009 HRTO 1067, the Tribunal granted the respondent’s request and ordered deferral of the Application until the ESA proceeding had been concluded or abandoned. The Tribunal’s Interim Decision directed the parties to Rule 14, which outlines the process by which a party may request reactivation of an application.
3In a letter to the applicant dated November 16, 2010, the Tribunal requested a status update regarding the ESA claim. The Tribunal also advised the applicant that the Tribunal could dismiss the Application as abandoned if she failed to provide the update within the required time.
4On November 26, 2010, the applicant wrote to the Tribunal to advise that the parties had settled the ESA claim on August 6, 2010 and to ask for direction regarding her Application.
5The Tribunal responded on November 29, 2010 directing the applicant to the procedure for reactivation set out in Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure.
6As of the date of this Decision, the applicant has not requested reactivation of the Application. Rule 14.4 requires a request to proceed with a deferred application to be filed no later than 60 days after the conclusion of the other proceeding, a period that has long since expired in this matter. In the circumstances, the applicant is deemed to have abandoned the Application.
7The Application is dismissed.
Dated at Toronto, this 19th day of January, 2011.
”signed by”______________
Douglas Sanderson Vice-chair