Krista Silver v. Sapa Extrusions Canada, 2011 HRTO 1409

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Krista Silver Applicant

-and-

Sapa Extrusions Canada Respondent

DECISION

Adjudicator: Sherry Liang Date: July 27, 2011 Citation: 2011 HRTO 1409 Indexed as: Silver v. Sapa Extrusions Canada

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 October 1, 2010. Based on the information in the Application, which included a grievance covering the same issues raised by the Application, the Tribunal issued a Notice of Intent to Defer on January 11, 2011. The Tribunal invited the applicant, the respondent and the applicant’s trade union to make submissions on why the Application should or should not be deferred. The applicant did not make submissions in response to the Notice.

2Subsequently, the respondent filed submissions enclosing a copy of the grievance settlement documents. The respondent requested that instead of a deferral, the Application should be dismissed pursuant to section 45.1 of the Code.

3By letter dated January 25, 2011, the Tribunal directed the applicant to respond to the issues raised by the respondent and indicated that if she did not do so, the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.

4The applicant has not responded to the Tribunal’s correspondence and the time for doing so has passed. In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.