Jo-Ann Covacha v. Dr. R. Diwan Dentistry Prof. Corp., 2013 HRTO 504

Human Rights Tribunal of Ontario

BETWEEN:

Jo-Ann Covacha Applicant

-and-

Dr. R. Diwan Dentistry Prof. Corp. Respondent

DECISION

Adjudicator: Brian Eyolfson Date: March 26, 2013 Citation: 2013 HRTO 504 Indexed as: Covacha v. Dr. R. Diwan Dentistry Prof. Corp.

1This is an Application, dated February 7, 2013, under s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging a contravention of a settlement agreement entered into by the parties on August 1, 2012.

2In its Response to the Application, the respondent acknowledged that, due to an administrative error, the settlement was inadvertently not completed, and requested that the applicant contact respondent’s counsel in order to complete the settlement.

3On February 28, 2013, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to indicate in writing her intentions with respect to proceeding further with this Application within 14 days of the date of the CAD, failing which the Application may be dismissed as abandoned.

4The applicant has not responded to the CAD and the time for doing so has now passed.

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

6The Application is dismissed.