Turnbull v. Exel Canada, 2011 HRTO 1852

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Cindy Turnbull

Applicant

-and-

Exel Canada

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: October 13, 2011

Citation: 2011 HRTO 1852

Indexed as: Turnbull v. Exel 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 June 29, 2011.

2On August 30, 2011, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appeared to be outside the Tribunal’s power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than September 29, 2011. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

3The applicant has not responded to the NOID and the time for doing so has now passed.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.