Amanda Joy Carvery v. Scotiabank, 2012 HRTO 1575

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amanda Joy Carvery

Applicant

-and-

Scotiabank

Respondent

DECISION

Adjudicator: Jay Sengupta

Date: August 14, 2012

Citation: 2012 HRTO 1575

Indexed as: Carvery v. Scotiabank

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 May 9, 2012.

2On June 20, 2012, the Tribunal sent the applicant a letter entitled “Notice of Intent to Dismiss”. The letter was sent to counsel for the applicant at the address provided in the Application and has not been returned as undeliverable.

3The Notice of Intent to Dismiss indicated that the Application appeared to be outside the jurisdiction of the Tribunal because the respondent appeared to be a federal government department, agency or a federally regulated business or service. The applicant was directed to file submissions on or before July 20, 2012, failing which, the Notice of Intent to Dismiss indicated that the Tribunal would either make a decision based only on the information in the Application or dismiss the Application as abandoned.

4Having reviewed the file, I am satisfied that the applicant received the Notice of Intent to Dismiss in a timely and proper manner. The applicant was warned that failure to respond could result in the dismissal of the Application.

5The applicant has not responded to the Tribunal’s correspondence. In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.