Hunter v. Villa Leonardo Gambin, 2014 HRTO 725

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Carmen Hunter

Applicant

-and-

Villa Leonardo Gambin

Respondent

DECISION

Adjudicator: Brian Eyolfson Decision Date: May 21, 2014 Citation: 2014 HRTO 725 Indexed as: Hunter v. Villa Leonardo Gambin

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 January 2, 2013.

2On October 1, 2013, the Tribunal wrote to the applicant by email at the email address provided in the Application, copied to the respondent, indicating that the Tribunal had received a Form 25 (Settlement) signed by the respondent, only. The Tribunal asked the applicant to confirm whether or not the Application had been settled, and to complete and return to the Tribunal a Form 25 (Settlement) if the matter had been settled, within five days. The applicant did not respond to the Tribunal’s October 1, 2013 email.

3On November 22, 2013, the Tribunal again wrote to the applicant by email, copied to the respondent, and attached a copy of its October 1, 2013 email. The Tribunal again asked the applicant to respond to the correspondence within five days. The applicant did not respond to the Tribunal’s November 22, 2013 email.

4On March 24, 2014, the Tribunal wrote to the parties advising that the Tribunal’s records indicated that the parties had settled the matter, but that the applicant had not provided a signature on the Form 25 (Settlement) to confirm the settlement.

5The applicant was directed to provide the Tribunal with a completed Form 25 (Settlement), signed by her by no later than April 7, 2014 so that the Tribunal could close the file on the basis of the settlement. The letter went on to advise the applicant that if the Tribunal did not receive a signed, completed Form 25, or confirmation that the applicant intended to proceed to a hearing, by April 7, 2014, the Tribunal might deem the Application to be abandoned and dismiss the file on that basis.

6The applicant has not responded to the Tribunal’s correspondence, nor has she confirmed an intention to proceed to a hearing, or otherwise contacted the Tribunal, and the time for doing so has now passed. The Tribunal’s correspondence to the applicant has not been returned as undeliverable.

7In the circumstances, the applicant is deemed to have abandoned the Application. The Application is dismissed.