Monica Cuevas Martinez v. Tan Dhillon, 2014 HRTO 10

Human Rights Tribunal of Ontario

B E T W E E N:

Monica Cuevas Martinez

Applicant

-and-

Tan Dhillon

Respondent

DECISION

Adjudicator: Paul Aterman Date: January 6, 2014 Citation: 2014 HRTO 10 Indexed as: Cuevas Martinez v. Dhillon

WRITTEN SUBMISSIONS

Tan Dhillon, Respondent

Self-represented

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 because of disability. Prior to the Application being provided to the respondent, the Tribunal invited submissions on whether it should be deferred pending the outcome of other proceedings before an Employment Standards Officer of the Ministry of Labour.

2In Interim Decision 2012 HRTO 2388, dated December 21, 2012, the Tribunal ordered deferral of the Application. The proceedings concluded, and in Interim Decision 2013 HRTO 1550, dated September 16, 2013, the Application was reactivated and the respondent was directed to file a Response.

3The respondent complied and his Response requests that the Application be dismissed on the grounds that the decision of the Employment Standards Officer appropriately dealt with the substance of the Application.

4By letter dated November 5, 2013, the Tribunal provided the applicant with the Response and directed her to file a Reply and provide submissions by November 19, 2013 on the question of whether the Application should be dismissed. The letter notifies the applicant that a failure to do so may result in the Application being declared abandoned.

5The applicant has not filed a Reply and the time for doing so has now passed. There is nothing on file to indicate that the applicant did not receive the Tribunal’s letter of November 5, 2013. As the applicant has failed to provide a Reply and submissions on the question of whether the Application should be dismissed, I determine that she has abandoned her Application.

order

6The Application is dismissed.