HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Seana McDonald
Applicant
-and-
Donnelly Kia
Respondent
DECISION
Adjudicator: Paul Aterman
Indexed as: McDonald v. Donnelly Kia
1This Application alleges discrimination with respect to employment because of family status contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2On July 17, 2014 the Tribunal communicated with the applicant’s representative and directed that she file submissions by July 31, 2014 in response to a Notice of Intent to Dismiss which the Tribunal had originally sent out on October 1, 2013.
3In both communications the applicant was advised that she needed to make submissions on the question of whether the Application should be dismissed for delay, as the last alleged incident of discrimination appeared to have occurred more than a year before the Application was filed.
4The applicant was warned in both communications that the Tribunal might dismiss her Application as abandoned if she failed to file any submissions.
5The applicant has not responded to the Notice of Intent to Dismiss, the time for doing so has now passed and I have no reason to think that the applicant did not receive both the communications of October 1, 2013 and July 17, 2014. In light of these facts, I conclude that the applicant has abandoned this Application.
order
6The Application is dismissed.
Dated at Toronto, this 28th day of August, 2014.
“Signed by”
Paul Aterman
Vice-chair