San Martin v. Minto Properties Inc., 2013 HRTO 797

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nuria San Martin

Applicant

-and-

Minto Properties Inc. and Michelle Ferguson-Bales

Respondents

DECISION

Adjudicator: Mary Truemner

Date: May 13, 2013

Citation: 2013 HRTO 797

Indexed as: San Martin v. Minto Properties Inc.

1This is an Application filed on September 10, 2012, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), originally alleging discrimination with respect to employment because of age, ethnicity and place of origin.

2On April 9, 2013, the Tribunal issued an Interim Decision dismissing that part of the Application that alleged discrimination because of ethnicity and place of origin, finding that it had no jurisdiction over the allegations involving those grounds pursuant to s.34(11)(a) of the Code because of a court proceeding commenced by the applicant (2013 HRTO 587).

3In that Interim Decision, the Tribunal noted its concern that the only reason cited in the Application for the allegation of discrimination because of age, the remaining ground, was that the person hired to replace the applicant was younger. It therefore directed the applicant to confirm within 14 days that she wished to proceed with her allegation of age discrimination, and provide reasons as to why she believes that her age was a reason for the alleged discrimination.

4The applicant has not responded to the direction in the Interim Decision. I find, therefore, that the applicant has abandoned the Application, and it is dismissed.