HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Maria Vera Momoytio
Applicant
-and-
Silver Creek Centre for Early Learning & Development and Lois Blandford
Respondents
DECISION
Adjudicator: Paul Aterman
Indexed as: Momoytio v. Silver Creek Centre for Early Learning & Development
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 because of record of offences. The applicant worked for the corporate respondent.
2The Application describes a series of conflicts between the applicant and the respondents regarding the applicant’s job duties. The applicant alleges that she was terminated and that this led to the corporate respondent changing her Record of Employment. She maintains that as a result she was denied Employment Insurance benefits.
3On July 18, 2013, the Tribunal sent the applicant a Notice of Intent to Dismiss (“NOID”). The NOID explains that, while the Application alleges discrimination on the basis of a record of criminal offences, it fails to disclose how the respondents’ behaviour was related to discrimination on the basis of a conviction for a criminal offence. The NOID directs the applicant to provide submissions which explain how her story relates to a ground of discrimination under the Code. It also says that if the applicant does not do so by August 19, 2013, then the Tribunal may dismiss her Application on the grounds that she has abandoned it. The NOID was sent to the address provided by the applicant and has not been returned to the Tribunal as undeliverable.
4The applicant has not provided any submissions and the time for doing so has now passed.
5As the applicant has failed to respond to the NOID, despite being told of the possible consequences, I conclude that she has abandoned her Application.
order
6The Application is dismissed as abandoned.
Dated at Toronto, this 17th day of September, 2013.
“Signed by”
Paul Aterman
Vice-chair