HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Azalea Dick
Applicant
-and-
Adesa Auctions Corp Canada (Kitchener)
Respondent
DECISION
Adjudicator: Geneviève Debané Date: April 30, 2013 Citation: 2013 HRTO 713 Indexed as: Dick v. Adesa Auctions Corp Canada (Kitchener)
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.
2On October 31, 2011 in Interim Decision 2011 HRTO 1942, the Tribunal deferred the Application pending the final conclusion of the applicant’s claim pursuant to the Employment Standards Act, 2000, S.O. 2000, c.41. (the “ESA claim”).
3On March 12, 2013, the Registrar sent to the applicant a letter advising the applicant to advise as to the status of the ESA claim (the “status update request”). The applicant was advised that she had to respond by April 11, 2013 or the Application could be dismissed as abandoned.
4On the same day the applicant wrote a short email to the Tribunal, without copying the respondent which states “The decision was made quite a while ago. Am I still able to pursue this matter with the HRTO?”
5On the same day the Tribunal sent an email to the applicant which advises the applicant that she must deliver to the respondent and file with the Tribunal a Form 10, Request for an Order During Proceedings to reactivate the Application and if applicable to provide an explanation for any delay in filing the Request. The applicant was also provided with a Form 10 and Form 23.
6The Tribunal has received no further correspondence from the applicant.
Decision
7I am satisfied that the applicant was in receipt of both the Status Update request and the Tribunal’s email. The applicant was advised that if she did not respond that the Application could be dismissed as abandoned.
8In light of the foregoing the Application is dismissed.
Dated at Toronto, this 30th day of April, 2013.
”signed by”
Geneviève Debané
Vice-chair