Anna Lérus v. City of Toronto, 2011 HRTO 980

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Anna Lérus Applicant

-and-

City of Toronto Respondent

DECISION

Adjudicator: Brian Eyolfson Date: May 24, 2011 Citation: 2011 HRTO 980 Indexed as: Lérus v. City of Toronto

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 June 30, 2010, alleging discrimination in the areas of services, goods and facilities on the basis of race and sex.

2On November 5, 2010, the Tribunal issued a Notice of Intent to Dismiss the Application (NOID) on the basis that the Application appeared to be outside the Tribunal’s jurisdiction. The applicant was directed to respond to the issues raised in the NOID within 30 days. The NOID advised the applicant that the failure to respond to the NOID might be considered an abandonment of the Application and it might be dismissed for that reason. The applicant did not respond to the NOID.

3On December 15, 2010, the Tribunal issued an Interim Decision finding that the applicant’s allegations of discrimination on the basis of race and sex may raise matters that the Tribunal has the power to decide. As a result, the Tribunal continued to process the Application and the Application was delivered to the respondent.

4On January 21, 2011, the respondent filed its Response and a Request for Summary Hearing.

5On April 11, 2011, the Tribunal issued a Case Assessment Direction (CAD), which noted that the applicant and the respondent have very different versions of the interaction at issue in the Application. The CAD directed the applicant to file a Reply to the respondent’s version of events within 14 days of the date of the CAD. The CAD advised the applicant that failure to comply with the CAD might be considered an abandonment of the Application and it might be dismissed for that reason.

6The applicant has not filed a Reply in accordance with the CAD and the time for doing so has now passed.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.