Rachel Henderson v. CPI Corp., 2013 HRTO 1254

Human Rights Tribunal of Ontario

B E T W E E N:

Rachel Henderson Applicant

-and-

CPI Corp. Respondent

DECISION

Adjudicator: Kathleen Martin Date: July 18, 2013 Citation: 2013 HRTO 1254 Indexed as: Henderson v. CPI Corp.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on February 11, 2013. This Decision addresses whether the Application should be dismissed as abandoned.

2Initially, the Application was scheduled for mediation on June 5, 2013. On May 13, 2013, the Tribunal received a Notice of Stay of Proceedings from the Court appointed receiver and receiver manager of CPI Corp. along with the copy of the Receivership Order providing for the stay of proceedings.

3By Case Assessment Direction dated May 23, 2013, the Tribunal cancelled the mediation and issued a number of directions including:

Within two weeks of the date of this CAD, the applicant must advise the respondent and the Tribunal whether she wishes to continue her Application and in particular must (i) advise of her position as to whether the Receivership Order applies to stay the proceeding and (ii) whether she intends to seek the written consent of the Receiver or leave of the Ontario Superior Court of Justice – Commercial List court to be able to continue the proceeding and if so by what date;…

4In the CAD the Tribunal also stated that if the applicant failed to file submissions as directed, the Application may be dismissed as abandoned.

5The Case Assessment Direction was delivered to the applicant by mail and email at the addresses provided by the applicant in the Application. Neither the mailing nor email has been returned as undeliverable.

6I am satisfied that the applicant has received a copy of the Case Assessment Direction.

7The applicant has not filed submissions nor has she communicated with the Tribunal in any other manner.

8In the circumstances, the Application is dismissed on the basis that the applicant is deemed to have abandoned the Application.