HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Corina Sirbu
Applicant
-and-
St. Joseph’s Health Centre and Susan Bell
Respondents
DECISION
Adjudicator: Alison Renton
Date: January 25, 2011
Citation: 2011 HRTO 181
Indexed as: Sirbu v. St. Joseph’s Health Centre
[1] The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19 as amended (the “Code”), on March 31, 2010. The respondents filed a joint Response and a Request for Order During Proceedings (“RFOP”) requesting that the personal respondent be removed. The applicant did not file a Response to the RFOP and the time for doing so has now elapsed.
[2] The Tribunal sent the applicant a letter dated November 24, 2010 which stated:
On October 20, 2010, the Human Rights Tribunal of Ontario (HRTO) received an email from you, which states:
I’m not sure what is required from you? If I decide not to bother to proceed anymore can I do that? So much time has passed already and I honestly hold no anger anymore. I just wanted to make a complaint about what happened to me but don’t want to have to go through so much processing and requirements to do so.
Upon receipt of your e-mail HRTO staff provided you with information on how to complete a Form 9 to withdraw your complaint. To date, the HRTO has not received a Form 9 from you.
You are requested to notify the HRTO and the respondents about your intentions with regards to this Application. If you wish to withdraw your Application, please file a Form 9 by December 3, 2010. If you wish to continue with the processing of this Application, please confirm your intentions in writing by December 3, 2010.
If you do not respond to this letter by the deadline specified above, the HRTO will deem you to have abandoned the Application and close this file (emphasis in original).
[3] The applicant has not filed a Form 9, responded to the Tribunal’s November 24, 2010 letter or otherwise communicated with the Tribunal. Accordingly, the Application is dismissed as abandoned.
Dated at Toronto, this 25th day of January, 2011.
”signed by”______________
Alison Renton
Vice-chair

