Makarichi v. Tabi International Corporation, 2012 HRTO 550

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lisa Makarichi

Applicant

-and-

Tabi International Corporation

Respondent

DECISION

Adjudicator: Michelle Flaherty

Date: March 16, 2012

Citation: 2012 HRTO 550

Indexed as: Makarichi v. Tabi International Corporation

1The applicant filed an Application on June 16, 2010, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In a Case Assessment Direction (“CAD”) dated January 27, 2012, the Tribunal indicated that the respondent appeared to have made an assignment in bankruptcy pursuant to the Bankruptcy and Insolvency Act, (R.S.C., 1985, c. B-3) (“BIA”). The Tribunal directed the bankruptcy trustee to deliver to the applicant and file with the Tribunal information concerning the respondent’s status.

3On December 19, 2011, the bankruptcy trustee wrote to the Tribunal (and copied the applicant) and indicated that the respondent is bankrupt. The trustee provided a copy of a certificate of assignment issued pursuant to section 50.4(8)(b.1) of the BIA.

4In a further CAD dated January 27, 2012, the Tribunal directed the applicant to advise the Tribunal and the trustee of her intentions with respect to the Application. The CAD stated that if the applicant failed to advise of her intentions regarding the Application within two weeks of the CAD, the Application could be dismissed as abandoned.

5The applicant has not filed any submissions following the CAD and the time for doing so has elapsed. I find that the Application has been abandoned and it is dismissed on that basis.