minicounsel

Latoya Burgess

Applicant

-and-

Carters Osh Kosh

Respondents

Adjudicator: David Muir

Date: November 27, 2015

Citation: 2015 HRTO 1611

Indexed as: Burgess v. Carters Osh Kosh

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On September 14, 2015 the respondents filed a Response (Form 2) to which the applicant did not respond with a Reply (Form 3)

3In its Response the respondent had requested the early dismissal of the Application on the basis that the applicant had been dismissed from her employment for cause and had signed a Full and Final Release.

4Although directed to do so in correspondence dated September 14, 2015 the applicant did not respond to the respondent’s request that the Application be dismissed.

5In a Case Assessment Direction issued on November 6, 2015 the applicant was directed to deliver and file a Response (Form 11) addressing the issue raised in the respondent’s Response (Form 2) within 14 days of the date of the Direction, failing which this Application may be dismissed as abandoned.

[6] The applicant did not respond to the Tribunal’s Direction and the time for doing so has passed. In all of the circumstances the applicant is deemed to have abandoned the Application and it is dismissed.

Dated at Toronto, this 27th day of November, 2015.

“Signed By”

David Muir

Vice-chair

Burgess v. Carters Osh Kosh, 2015 HRTO 1611

Case Summary

[6] The applicant did not respond to the Tribunal’s Direction and the time for doing so has passed. In all of the circumstances the applicant is deemed to have abandoned the Application and it is dismissed.

Burgess v. Carters Osh Kosh, 2015 HRTO 1611

Case Summary

[6] The applicant did not respond to the Tribunal’s Direction and the time for doing so has passed. In all of the circumstances the applicant is deemed to have abandoned the Application and it is dismissed.