Keliann Lewis v. IMS Incorporation and Leon d’Ancona, 2011 HRTO 1801

Human Rights Tribunal of Ontario

B E T W E E N:

Keliann Lewis Applicant

-and-

IMS Incorporation and Leon d’Ancona Respondents

DECISION

Adjudicator: Ena Chadha Date: October 4, 2011 Citation: 2011 HRTO 1801 Indexed as: Lewis v. IMS Incorporation

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on June 15, 2010, alleging discrimination with respect to employment on the basis of race, colour, sex, sexual solicitation and marital status.

2The respondents filed a Response on September 15, 2010. The respondents indicate that there is an ongoing criminal matter relating to the parties to the Application.

3By way of Case Assessment Direction dated June 28, 2011, the Tribunal directed the applicant to file written submissions, within 30 days, on whether or not this Application should be deferred pending the completion of the criminal matter.

4The applicant did not file submissions and the timeline for doing so has elapsed.

5The Tribunal’s Case Assessment Direction expressly stated that if the applicant did not file written submissions by the required time, the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.

6The applicant did not file a Reply or written submissions in response to the Case Assessment Direction and has not otherwise corresponded or communicated with the Tribunal.

7In these circumstances, the Tribunal determines that the applicant has abandoned the Application.

8Accordingly, the Application is dismissed.