Michelle Samarco v. Richard Ellison, 2014 HRTO 1515

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michelle Samarco Applicant

-and-

Richard Ellison Respondent

DECISION

Adjudicator: David Muir Date: October 9, 2014 Citation: 2014 HRTO 1515 Indexed as: Samarco v. Ellison

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 July 3, 2014.

2On August 14, 2014 the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the applicant may be outside of the Tribunal’s jurisdiction to decide. The applicant was directed to provide her written submissions in response to the NOID before September 15, 2014. The applicant was further advised that if she did not provide written submissions by the required time the Tribunal may make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.

3On September 19, 2014 the Tribunal delivered the NOID to the applicant by email. The applicant was directed to respond by September 26, 2014. The applicant was again reminded that if she did not provide written submissions by the required time the Tribunal may make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.

4The applicant did not respond to the NOID.

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

6The Application is dismissed.