Deborah Parsons v. Ivet Packaging (Group Emballage Specialise), 2011 HRTO 467

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Deborah Parsons Applicant

-and-

Ivet Packaging (Group Emballage Specialise) Respondent

DECISION

Adjudicator: Kathleen Martin Date: March 7, 2011 Citation: 2011 HRTO 467 Indexed as: Parsons v. Ivet Packaging

1This is an Application filed on June 15, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code").

2On December 23, 2010, the respondent filed a Request For Order During Proceeding requesting that the Application be dismissed on the basis of delay and/or on the basis that it fails to establish a prima facie case of discrimination under the Code (the "Request").

3No response was received from the applicant and on January 14, 2011, the Tribunal issued a Case Assessment Direction ("CAD") directing the applicant to deliver to the respondents and file submissions with the Tribunal addressing the Request. In addition, at paragraph 10 of the CAD, the Tribunal stated:

The Tribunal will review the submissions filed on these issues and may determine the issues on the written material received or may issue further directions. If the applicant does not file written submissions by the required time, the Tribunal may make its decision based only on the information filed or may consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.(emphasis added)

4The CAD was sent to the applicant by mail and by email. Neither the mailed copy nor the email has been returned to the Tribunal.

5The Tribunal has not received any submissions or other response from the applicant to the CAD and the time period for doing so has elapsed.

6Having regard to the above I find that Application is abandoned. The Application is dismissed.