HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Mehtap Gumusay Applicant
-and-
ASG Security Group Ltd. Respondent
DECISION
Adjudicator: Geneviève Debané Date: September 3, 2013 Citation: 2013 HRTO 1488 Indexed as: Gumusay v. ASG Security Group Ltd.
1This is an Application filed 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. The matter is scheduled for hearing in Toronto on September 9, 2013.
2In an Interim Decision dated August 14, 2013, I ordered the applicant to file her hearing materials and to confirm in writing that she would be attending the scheduled hearing by no later than August 23, 2013. The Interim Decision warns the applicant that if she does not comply with these orders that the Application may be dismissed as abandoned.
3On August 26, 2013 the Tribunal received correspondence from the respondent in which it notes that the applicant has not complied with the orders in the Interim Decision and that I should dismiss the Application as abandoned.
4On August 28, 2013, I issued a Case Assessment Direction stating that the applicant had to confirm in writing by no later than August 30, 2013, that she would be attending the scheduled hearing. This Case Assessment warns that applicant that if she does not comply with this direction that the Application may be dismissed as abandoned.
5As of this date the applicant has still not filed her hearing materials nor has she confirmed in writing that she will attend the scheduled hearing.
ORDER
6Having reviewed this matter, I am satisfied that the applicant has abandoned the Application since the applicant has not complied with the orders in the Interim Decision and the direction in the Case Assessment Direction. The applicant was warned in the Case Assessment Direction and the Interim Decision that a failure to respond could result in his Application being dismissed as abandoned.
7The Application is dismissed and accordingly the hearing is cancelled.
Dated at Toronto, this 3rd day of September, 2013.
"Signed by"
Geneviève Debané Vice-chair