May-Ann Devitt v. Reliance Comfort Limited Partnership, 2013 HRTO 1152

Human Rights Tribunal of Ontario

B E T W E E N:

May-Ann Devitt Applicant

-and-

Reliance Comfort Limited Partnership Respondent

DECISION

Adjudicator: Naomi Overend Date: July 3, 2013 Citation: 2013 HRTO 1152 Indexed as: Devitt v. Reliance Comfort Limited Partnership

1This Application was filed on August 28, 2012, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On December 4, 2012, the respondent filed a Response (Form 2) to the Application, followed by a Request for Summary Hearing (Form 26) on December 13, 2012. The respondent confirmed that it delivered its Request for Summary Hearing to the applicant.

3The applicant did not file a Reply to the respondent’s Response, nor has the applicant filed a Response to the respondent’s Request for Summary Hearing. By Case Assessment Direction dated May 31, 2013, the applicant was directed to file a Response to the respondent’s Request for Summary Hearing, within 14 days of the date of the Case Assessment Direction.

4The applicant was advised that if she did not file a Response to the Request for Summary Hearing, the Application might be dismissed as abandoned. The applicant’s made inquiries about how she was supposed to proceed, and was provided with the requisite form and further information about how to file her Response on June 11, 2013. Despite this assistance, the applicant did not file the Response as directed, and the time for doing so has now passed.

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

6The Application is dismissed.