Lorraine Siewert v. Ontario Provincial Police and Phil Nowiski, 2011 HRTO 786

Human Rights Tribunal of Ontario

B E T W E E N:

Lorraine Siewert Applicant

-and-

Ontario Provincial Police and Phil Nowiski Respondents

DECISION

Adjudicator: Alan G. Smith Date: April 20, 2011 Citation: 2011 HRTO 786 Indexed as: Siewert v. Ontario Provincial Police

BACKGROUND

1The applicant filed an Application December 8, 2009, pursuant to section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the Code). The institutional respondent filed a Response and Notice of Respondent’s Request to Defer on June 4, 2010. The institutional respondent requested deferral of the Application because another proceeding involving both parties and some or all of the issues in dispute in this Application had been initiated by the applicant.

2The applicant requested and was granted an extension of time to file a Reply to the respondent’s Response and Request. The extension granted by the Tribunal was to July 30, 2010. No Reply has been received from the applicant.

3On March 18, 2011, the Tribunal sent a Case Assessment Direction (“CAD”) to the applicant directing her to provide her Reply to the respondent’s Response and Notice of Respondent’s Request to Defer by March 31, 2011.

4The CAD of March 18, 2011, further advised the applicant that if no reply was received in response to the CAD the Application would be dismissed as abandoned.

5The applicant has not responded to the Tribunal’s CAD.

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

7The Application is dismissed.