Fokes v. GMRI Canada Inc., 2013 HRTO 1601

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Anna Fokes

Applicant

-and-

GMRI Canada Inc., July Lockwood, Kenneth O’Neil,

Demetrio (Bo) Macri and Workplace Safety and Insurance Board

Respondents

DECISION

Adjudicator: Ena Chadha

Decision Date: September 24, 2013

Citation: 2013 HRTO 1601

Indexed as: Fokes v. GMRI Canada Inc.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on June 22, 2011.

2On June 26, 2013, the Tribunal sent an email to the applicant requesting that she provide the Tribunal and the parties with mutually agreeable dates to reschedule a hearing in this matter. The applicant did not respond to this request.

3On July 23, 2013, the Tribunal sent a letter to the applicant again requesting that she provide the Tribunal and the parties with mutually agreeable dates for rescheduling the hearing. The applicant was informed that if she did not advise the Tribunal of her intentions by July 30, 2013, the Application could be dismissed as abandoned.

4On August 29, 2013, the Tribunal sent email correspondence, copying the July 23^rd letter, to a lawyer identified by the respondent employer as counsel for the applicant. The August 29^th correspondence asked counsel to confirm whether he represented the applicant and, if so, to confirm the applicant’s intentions with respect to the application. The correspondence further noted that if counsel or the applicant did not advise the Tribunal of the applicant’s intentions by September 6, 2013, the Application could be dismissed as abandoned.

5On September 17, 2013, the respondent employer wrote to the Tribunal, copied to the applicant, requesting an update on the status of the matter, noting that both the applicant and her counsel were cautioned that the Application was in jeopardy of being dismissed if they failed to reply to the Tribunal’s correspondence

6To date, neither the applicant, nor anyone representing the applicant, has responded to any of the Tribunal’s above-noted correspondence.

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

8The Application is dismissed.