Dean v. Halpern’s Limited, 2012 HRTO 883

Human Rights Tribunal of Ontario

B E T W E E N:

Yvonne Dean

Applicant

-and-

Halpern’s Limited

Respondent

AND BETWEEN

Yvonne Dean

-and-

Halpern’s Ltd c/o R.S. McCarthy

Respondent

DECISION

Adjudicator: Brian Eyolfson Date: May 3, 2012 Citation: 2012 HRTO 883 Indexed as: Dean v. Halpern’s Limited

1Pursuant to a Decision of the Tribunal dated April 18, 2011, 2011 HRTO 780, the Tribunal found that the respondent violated sections 5 and 9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), and ordered, among other things, that the respondent pay the applicant monetary compensation, including interest.

2On July 25 and September 21, 2011, the applicant filed Applications for Contravention of Settlement (“Applications”) indicating that the respondent had not paid money, and interest, awarded to her, respectively. The respondent filed a Response, dated October 10, 2011, to the second Application.

3In letters to the applicant, dated April 4, 2012, and copied to the respondent, the Tribunal noted that the applicant is alleging in her Applications that the respondent failed to comply with a Tribunal Decision, and not that the respondent breached minutes of settlement. The applicant was directed to clarify whether or not an alleged breach of settlement had occurred, as well as provide her intentions with respect to proceeding with the Applications by no later than April 18, 2012. The applicant was advised that if she did not respond within the identified time period, the Applications may be considered abandoned, and the files may be closed.

4The applicant has not responded to the Tribunal’s correspondence and the time for doing so has now passed.

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

6The Applications are dismissed.