HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Danya Scott
Applicant
-and-
Otter Creek Co-operative Homes Inc.
Respondent
DECISION
Adjudicator: David Muir
Indexed as: Scott v. Otter Creek Co-operative Homes Inc.
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on May 1, 2013.
2In its Response (Form 2) filed on December 11, 2013 the respondent requested the dismissal of the Application pursuant to section 45.1 of the Code because another proceeding had appropriately dealt with the subject matter of the Application.
3On December 16, 2013 the Tribunal delivered a copy of the Response to the applicant and directed that she file a Reply (Form 3) to the Response addressing the request to dismiss. The applicant was advised that failure to respond to the issue raised by the respondent may be considered an abandonment of the Application and it might be dismissed for that reason. The applicant has not filed a Reply and the time for doing so has passed.
4On January 14, 2014 the applicant requested an extension of time to file a Reply. The request was granted and the applicant was required to file her Reply by January 27, 2014. To date no Reply has been received from the applicant nor has she communicated with the Tribunal to seek a further extension. In the circumstances, the applicant is deemed to have abandoned the Application.
5The Application is dismissed.
Dated at Toronto, this 31st day of January, 2014.
“signed by”
David Muir
Vice-chair