Milica Birkett v. Knights on Guard, 2015 HRTO 1311

Human Rights Tribunal of Ontario

B E T W E E N:

Milica Birkett Applicant

-and-

Knights on Guard Respondent

DECISION

Adjudicator: Brian Eyolfson Date: October 5, 2015 Citation: 2015 HRTO 1311 Indexed as: Birkett v. Knights on Guard

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 8, 2014.

2By letter dated July 31, 2014, the Tribunal deferred the Application pending the completion of an Employment Standards claim.

3On July 17, 2015, the Tribunal wrote to the applicant at the mailing address provided in the Application. The applicant was asked to inform the Tribunal, within 30 days of the date of the letter, whether the Employment Standards claim remained ongoing and, if possible, when it was expected to be completed. The letter warned the applicant that a failure to do so might result in the Tribunal dismissing the Application as abandoned.

4On August 27, 2015, the Tribunal also wrote to the applicant at an email address provided in the Application, and attached a copy of its July 17, 2015 letter to the applicant. The applicant was reminded that the Tribunal had asked for a status update on the Employment Standards claim within 30 days of July 17, 2015, and that the Tribunal had indicated that if the applicant failed to provide an update, the Application might be dismissed as abandoned. The Tribunal’s email correspondence granted the applicant until September 10, 2015 to make submissions as directed in the Tribunal’s July 17, 2015 letter. The Tribunal’s July 17, 2015 letter was also re-issued to the applicant by regular mail on August 27, 2015.

5To date, the applicant has not responded to the Tribunal’s July 17 and August 27, 2015 correspondence, and the Tribunal’s correspondence to the applicant has not been returned as undeliverable.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.