Butkovic v. GRB KelWhitby Inc., 2013 HRTO 1535

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shanan Butkovic Applicant

-and-

GRB KelWhitby Inc. Respondent

DECISION

Adjudicator: Brian Eyolfson Date: September 13, 2013 Citation: 2013 HRTO 1535 Indexed as: Butkovic v. GRB KelWhitby Inc.

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 17, 2012.

2In Interim Decision 2012 HRTO 1422, issued July 20, 2012, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing Employment Standards Act proceedings.

3The respondent subsequently contacted the Tribunal to advise that it was the respondent’s understanding that the applicant would not be pursuing her Application with the Tribunal. On July 18, 2013 the Tribunal wrote to the applicant by email asking her to confirm her intentions with respect to the Application by no later than July 25, 2013. The Tribunal received no response. On August 14, 2013, the Tribunal sent a further letter to the applicant, by both email and regular mail at the addresses provided by the applicant in her Application, asking the applicant to confirm her intentions with respect to the Application by no later than August 26, 2013. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.

4The applicant has not responded to the Tribunal’s July 25 or August 14, 2013 correspondence. Neither the Tribunal’s letter nor emails to the applicant have been returned as undeliverable.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.