Julia Davies v. Manchester Montessori School and Samantha Burgoine, 2011 HRTO 225

Human Rights Tribunal of Ontario

B E T W E E N:

Julia Davies

Applicant

-and-

Manchester Montessori School and Samantha Burgoine

Respondents

DECISION

Adjudicator: Kathleen Martin

Date: February 1, 2011

Citation: 2011 HRTO 225

Indexed as: Davies v. Manchester Montessori School

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 September 2, 2009. The respondents filed a Response on November 13, 2009.

2On October 13, 2010 the Tribunal wrote to the parties to advise that it had received correspondence from the trustee in bankruptcy for the estate of the personal respondent. The parties were directed to advise the Tribunal within 21 days of the date of the letter of their positions with respect to the status of the Tribunal proceedings in light of the bankruptcy.

3None of the parties responded to the Tribunal’s letter.

4On January 7, 2011 the Tribunal issued a Case Assessment Direction (CAD) directing the applicant to respond within seven days and advise the Tribunal and the respondents of her intentions regarding the Application. The CAD went on to advise that failure to respond as directed may cause the Tribunal to deem the Application abandoned. The CAD was sent to the applicant’s counsel by mail and courier. It was not returned as undeliverable.

5As of the date of this Decision the applicant has not responded to the Tribunal and the Tribunal’s correspondence has not been returned.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.