Andres v. The Co-operators General Insurance Company, 2013 HRTO 1474

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Eudelyn Prudente Andres Applicant

-and-

The Co-operators General Insurance Company and Sheri Epoch Respondents

DECISION

Adjudicator: David Muir Date: August 29, 2013 Citation: 2013 HRTO 1474 Indexed as: Andres v. The Co-operators General Insurance Company

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 April 6, 2010.

2The case was scheduled for hearing on December 1, 2011 and November 26, 2012, at which time the parties advised that they had reached a tentative settlement of the case. The parties did not execute and file a Form 25 confirming that the case had been settled.

3On January 8, 2013, the Tribunal wrote to the parties and requested that they provide an update of the status of the case. On the same date, the applicant’s representative wrote to the Tribunal to advise that the parties expected to file the Form 25 within the next few weeks. To date, the Tribunal has heard nothing from the parties.

4The Tribunal issued a Case Assessment Direction (“CAD”) on April 9, 2013 directing the applicant to advise the Tribunal of the status of the Application or to file a Form 25 within 14 days of the CAD, failing which the Application may be dismissed as abandoned. The CAD was sent to the applicant by fax. The applicant did not respond to the CAD.

5By letter dated July 10, 2013, the Tribunal re-sent the CAD to the parties by ordinary mail and by email. The letter directed the applicant to comply with the direction outlined in the CAD by July 24, 2013, failing which, the Application may be dismissed as abandoned.

6The applicant has not responded to the Tribunal’s July 10, 2013 CAD letter and email and the time for doing so has now passed.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.