Muriel Espina v. Valerie Leung, 2012 HRTO 344

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Muriel Espina

Applicant

-and-

Valerie Leung

Respondent

decision

Adjudicator: Keith Brennenstuhl

Date: February 16, 2012

Citation: 2012 HRTO 344

Indexed as: Espina v. Leung

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H. 19 as amended (the “Code”) alleging discrimination in employment on the basis of disability and creed. The respondent filed a Response denying the allegations of discrimination.

2By Case Assessment Direction (“CAD”) dated January 6, 2012, the Tribunal directed the applicant to respond by way of written submissions, within 14 days of the date of the CAD, to the respondent’s request to dismiss the Application on the basis that the decision under the Employment Standards Act has appropriately dealt with the issues in dispute.

3The Tribunal advised the applicant that if she did not provide written submissions the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.

4The applicant has not filed written submissions and the time for doing so has passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.