Human Rights Tribunal of Ontario
B E T W E E N:
Candy Knight
Applicant
-and-
Dr. M. Safari Dentistry Professional Corporation and Mark Safari
Respondents
DECISION
Adjudicator: Naomi Overend Date: August 12, 2013 Citation: 2013 HRTO 1374 Indexed as: Knight v. Dr. M. Safari Dentistry Professional Corporation
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment because of disability and age.
2On July 9, 2013 the respondents filed a Response to the Application. In it the respondents requested that the Tribunal dismiss the Application on the basis that the applicant had signed a full and final release with respect to the same issues in dispute.
3On July 10, 2013 the Tribunal wrote to the applicant enclosing the Response and directing the applicant to respond to the Request to Dismiss by completing a Form 11 (Response to a Request for Order During Proceedings) giving her position on the respondents' Request.
4The applicant was directed to deliver and file the Form 11 no later than July 24, 2013 and was warned that if she failed to file the Form 11 by the required deadline the Tribunal may consider the failure to respond as an abandonment of the Application and dismiss the Application for that reason.
5The applicant has not responded to the Tribunal's letter and the time for doing so has now passed.
6In the circumstances, the applicant is deemed to have abandoned the Application.
7The Application is dismissed.
Dated at Toronto, this 12th day of August, 2013.
"Signed By"
__________________________________
Naomi Overend
Vice-chair