Burgess v. The Athletic Club of London, 2013 HRTO 1755

Human Rights Tribunal of Ontario

BETWEEN:

Maureen Burgess Applicant

-and-

The Athletic Club of London Respondent

DECISION

Adjudicator: Ena Chadha Date: October 17, 2013 Citation: 2013 HRTO 1755 Indexed as: Burgess v. The Athletic Club of London

1This Application was filed on May 7, 2013 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination and reprisal with respect to employment.

2The Tribunal issued a Notice of Incomplete Application and Notice of Intent to Dismiss Application (“NOID”) on May 28, 2013.

3The NOID indicated that a review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent. The NOID directed the applicant to file submissions addressing this issue. The NOID stated that a failure to respond may be considered as an abandonment of the Application and the Application may be dismissed for that reason.

4The applicant filed her completed Application on June 5, 2013, however, she failed to file submission in accordance with the NOID. The Tribunal wrote to the applicant on July 9, 2013 directing her to file her submissions on or before July 16, 2013 or else the Application would be considered for abandonment.

5The applicant wrote to the Tribunal on July 23, 2013 indicating that she was seeking legal advice. Although the applicant was granted an extension until August 31, 2013, the applicant failed to file submissions in response to the NOID.

6By way of Case Assessment Direction dated October 2, 2013, the Tribunal provided the applicant with another opportunity to deliver her written submissions addressing the jurisdictional issue. The CAD stated that given this was the third notification, if the applicant failed to file such written submissions the Application would be dismissed as abandoned.

7The applicant failed to file submissions in accordance with the NOID and CAD. In these circumstances, the Application is dismissed as abandoned.