HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Marie-Lynn Malaison
Applicant
-and-
Autopark Superstore Inc., Alex Harkins and Shawn Miller
Respondents
DECISION
Adjudicator: Kathleen Martin
Indexed as: Malaison v. Autopark Superstore
1This is an Application filed on July 28, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2On November 9, 2010, the Tribunal issued a Notice of Intent to Dismiss (“the Notice”) in which it stated that it appeared the Application is outside of the Tribunal’s jurisdiction because the completed Application does not allege a ground or area of discrimination under the Code and therefore does not appear to raise an issue the Tribunal can resolve. The Notice indicated that the applicant may make written submissions explaining why she believes the Application is in the Tribunal’s jurisdiction. The Notice further provided that the applicant must file her written submissions within 30 days of November 9, 2010.
3No submissions were received and on December 10, 2010, the Tribunal re-issued an amended Notice of Intent to Dismiss which, among other things, directed that the applicant file written submissions within seven days and cautioned that if she did not, the Tribunal would make its decision based only on the information in the Application “or may consider the failure to respond as an abandonment of your Application and dismiss it for that reason”.
4Each of the Notices were sent by regular mail to the applicant at the address provided by the applicant in the Application.
5The Tribunal has not received any submissions or other response from the applicant to either Notice and the time period for doing so has elapsed.
6In these circumstances I find that Application is abandoned. The Application is dismissed.
Dated at Toronto, this 2nd day of February, 2011.
”signed by”____________
Kathleen Martin
Vice-chair