HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Nicole Irwin
Applicant
-and-
HMV Canada
Respondent
INTERIM decision
Adjudicator: Ena Chadha
Indexed as: Irwin v. HMV Canada
WRITTEN SUBMISSIONS
Nicole Irwin, Applicant
Self-represented
1The applicant filed this Application on October 9, 2012, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment on the basis of disability and family status.
2The Application was deferred by way of Interim Decision 2013 HRTO 151 pending the conclusion of a claim with the Ministry of Labour pursuant to the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”), regarding the subject matter of her Application.
3On July 3, 2013, the applicant filed a request to reactivate her Application on the basis that the ESA process is now completed. The applicant provided a copy of decision regarding her ESA claim.
4The respondent did not file submissions in response to the applicant’s request to reactivate.
5In light of the documentary material confirming that an ESA decision has been rendered closing the applicant’s file, the request to reactivate is granted. The Tribunal will continue to process the Application.
6The respondent was provided with a copy of the Application by the Tribunal under cover letter dated October 30, 2012. The respondent is now required to file a Response (Form 2) by no later than 35 days from the date of this Interim Decision.
7I am not seized.
Dated at Toronto, this 24th day of July, 2013.
“Signed by”
Ena Chadha
Vice-chair