Ernell Ellis v. Modatek Systems, 2012 HRTO 464

Human Rights Tribunal of Ontario

B E T W E E N:

Ernell Ellis

Applicant

-and-

Modatek Systems, A Division of Cosma Inter Group, Chris Dean, James McCormack and Maryann Csapai

Respondents

DECISION

Adjudicator: Douglas Sanderson

Date: March 5, 2012

Citation: 2012 HRTO 464

Indexed as: Ellis v. Modatek Systems

Decision

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), alleging discrimination in employment because of sex (pregnancy) and family status.

2The Tribunal scheduled this matter for hearing on April 18 and 19, 2012. The applicant's representative sent a timely request to reschedule the hearing. By letter dated December 20, 2012, the Tribunal accordingly advised the parties that the hearing dates were cancelled and directed the applicant to canvass mutually agreeable hearing dates with the respondent and provide them to the Tribunal by January 5, 2012. The applicant did not respond and, by letter dated January 31, 2012 to the applicant's representative, the Tribunal directed the applicant to canvass dates with the respondent and to submit dates for a rescheduled hearing by February 6, 2012. Again, the applicant did not respond. The Tribunal sent a letter to the applicant's representative, dated February 8, 2012, directing the applicant to respond to the Tribunal and provide the parties' mutually agreeable dates for rescheduling. The letter drew the applicant's attention to Rule 5.4 of the Tribunal's Rules of procedure, which states as follows:

5.4. The Tribunal may finally determine an Application without further notice to any person who cannot be contacted by the Tribunal according to the contact information provided to the Tribunal by that person.

The letter also informed the applicant that is she did not respond by February 20, 2012 the Tribunal may deem the Application to be abandoned.

3As of the date of this decision, the applicant has not responded to the Tribunal. In the circumstances, the applicant is deemed to have abandoned the Application.

4The Application is dismissed.