Human Rights Tribunal of Ontario
BETWEEN:
Cynthia Langenegger Applicant
-and-
National Importers Canada Ltd. Respondent
DECISION
Adjudicator: Ena Chadha Date: February 25, 2011 Citation: 2011 HRTO 407 Indexed as: Langenegger v. National Importers Canada
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 August 26, 2010 alleging discrimination with respect to employment on the basis of sex (pregnancy). The respondent filed a Response on October 15, 2010, and the applicant filed a Reply on November 1, 2010.
2On December 20, 2010, the Tribunal issued a Notice of Intent to Defer the Application pending the completion of a proceeding before the Ministry of Labour regarding the same subject matter of the Application. The Tribunal invited the parties to provide written submissions within 30 days of December 20, 2010 addressing the deferral issue.
3On January 10, 2011, the respondent filed a Request for Order during Proceeding asking the Tribunal to dismiss the Application on the basis that the Ministry of Labour proceeding appropriately dealt with the substance of the Application. The respondent provided a copy of the Decision by an Employment Standards Officer, dated December 21, 2010, finding that the employer was unaware of the applicant’s pregnancy when her employment was terminated and that the decision to dismiss was as a result of performance issues.
4The applicant did not file submissions in response to the Tribunal’s Notice, nor respond to the respondent’s Request to dismiss.
5On February 4, 2011, the Tribunal issued a Case Assessment Direction requiring the applicant to write to the Tribunal within 10 days and provide information as to the status of the Ministry of Labour proceeding and/or file a Form 10 response to the respondent’s Request to dismiss. The 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 has not responded to the Tribunal’s Notice or Case Assessment Direction, and has failed to file submissions in accordance with Tribunal deadlines.
7In the circumstances, the applicant is deemed to have abandoned the Application.
8The Application is dismissed.
Dated at Toronto, this 25^th^ day of February, 2011
”signed by”_______
Ena Chadha Vice-chair