Jennifer Kritzer v. T&L Ganci Ltd. and Troy Ganci, 2014 HRTO 1387

Human Rights Tribunal of Ontario

Between:

Jennifer Kritzer Applicant

-and-

T&L Ganci Ltd. and Troy Ganci Respondents

Decision

Adjudicator: Brian Eyolfson Date: September 18, 2014 Citation: 2014 HRTO 1387 Indexed as: Kritzer v. T&L Ganci Ltd.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on March 11, 2014.

2On June 16, 2014, the Tribunal delivered the respondents’ Response to the Application to the applicant, with a Notice of Request to Dismiss. The Tribunal noted that, in their Response, the respondents asked the Tribunal to dismiss the Application, under s. 45.1 of the Code, on the basis that another proceeding had appropriately dealt with the substance of the Application. The applicant was directed to file a Reply to the respondents’ Response, including complete submissions in response to the respondents’ request to dismiss, by no later than July 2, 2014. The applicant was advised that if she did not file submissions by the required date, the Tribunal may consider the failure to do so as an abandonment of the Application, and dismiss the Application for that reason.

3The applicant did not provide submissions by July 2, 2014, as directed. On July 25, 2014, the Tribunal issued a Case Assessment Direction (“CAD”), providing the applicant with an additional 14 days from the date of the CAD to file submissions in response to the respondents’ request that the Application be dismissed. The applicant was warned that if she did not file submissions within 14 days of the date of the CAD, the Application may be deemed to be abandoned, and dismissed on that basis.

4The applicant has not responded to the CAD, and the time for doing so has now passed. The CAD was sent to the applicant by both regular mail and email at the addresses she provided in the Application, and has not been returned as undeliverable.

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

6The Application is dismissed.