Tanya McLean v. APAC Customer Services Ltd., 2014 HRTO 862

Human Rights Tribunal of Ontario

BETWEEN:

Tanya McLean Applicant

-and-

APAC Customer Services Ltd. Respondent

DECISION

Adjudicator: David Muir Date: June 11, 2014 Citation: 2014 HRTO 862 Indexed as: McLean v. APAC Customer Services Ltd.

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 February 18, 2014.

2In its Response (Form 2) filed on April 22, 2014 the respondent requested the dismissal of the Application on the basis that the applicant had signed full and final release with respect to the same issues in dispute.

3On May 9, 2014 the Tribunal delivered a copy of the Response to the applicant and directed that she file a Response to the request to dismiss (Form 11) to the Response addressing the request to dismiss by May 23, 2014. 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.

4The applicant has not responded to this Direction and does not appear to have communicated with the Tribunal in any way although the time for doing so has passed. In the circumstances it appears that the applicant has abandoned the Application.

5The Application is dismissed.