Smith v. Georgian College, 2012 HRTO 1706

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Judith Clair Smith

Applicant

-and-

Georgian College

Respondent

DECISION

Adjudicator: Brian Cook

Date: September 10, 2012

Citation: 2012 HRTO 1706

Indexed as: Smith v. Georgian College

1The applicant filed an Application with the Tribunal on September 13, 2011. The Application was not complete and the Tribunal issued a Notice of Incomplete Application, asking the applicant to supply further information. She initially failed to do so and a reminder Notice was sent on November 3, 2011. The applicant filed further information but the Application was still not complete. The Tribunal sent the applicant a Further Notice of Incomplete Application on November 22, 2011. The applicant filed a complete Application in February 2012.

2On review of the complete Application, it appeared that the alleged discrimination occurred more than one year prior to September 13, 2011, when the Application was first filed. Section 34 of the Code provides as follows:

34. (1) If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under section 45.2,

(a) within one year after the incident to which the application relates; or

(b) if there was a series of incidents, within one year after the last incident in the series.

(2) A person may apply under subsection (1) after the expiry of the time limit under that subsection if the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.

3On March 28, 2012, the Tribunal issued a Notice of Intent to Dismiss because it appeared that the Application had been filed more than one year after the last incident of alleged discrimination. The applicant was asked to file written submissions to address the Notice of Intent to Dismiss by April 27, 2012. The applicant was advised that if submissions were not received, the Tribunal could make a decision based on the information in the Application, or determine that the Application had been abandoned.

4The applicant has not communicated with the Tribunal since the Notice of Intent to Dismiss was issued on March 28, 2012.

5In the circumstances, I find that the applicant has abandoned the Application and the Application is dismissed on that basis.