Betty-Jo Harris v. McCagure Borlack LLP, 2014 HRTO 389

Human Rights Tribunal of Ontario

B E T W E E N:

Betty-Jo Harris

Applicant

-and-

McCagure Borlack LLP

Respondent

DECISION

Adjudicator: David Muir Date: March 20, 2014 Citation: 2014 HRTO 389 Indexed as: Harris v. McCagure Borlack LLP

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 34(11) of the Code because the applicant has filed a Counterclaim against the respondent in a civil proceeding seeking monetary damages for, amongst other things, alleged discrimination on the basis of sex.

3On January 10, 2014 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 so and the time for doing so has passed.

4On January 24, 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 March 10, 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.