Teneva v. Wang, 2015 HRTO 1659

Human Rights Tribunal of Ontario

B E T W E E N:

Elitsa Teneva Applicant

-and-

Lucy Wang Respondent

DECISION

Adjudicator: David Muir Date: December 8, 2015 Citation: 2015 HRTO 1659 Indexed As: Teneva v. Wang

1This is an Application filed on February 24, 2015, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In her Response to the Application, the respondent sought the early dismissal of the Application because another proceeding had appropriately dealt with the Application.

3Although directed to do so by the Tribunal in correspondence dated October 15, 2015, the applicant has not responded to the respondent’s request.

4The filing of an Application commences a legal proceeding which engages significant public and private resources. It is the Tribunal’s expectation that the parties to an Application will participate in the process. This includes responding to issues as they arise in the course of the proceeding. The applicant’s failure to respond to the respondent’s Response and Requests indicates that the applicant may have abandoned this Application.

5In a Case Assessment Direction issued on November 10, 2015, the applicant was directed to deliver and file a Response (Form 11) addressing the issue identified by the respondent and in the Tribunal’s October 15, 2015 correspondence, within 21 days of the date of the Direction. The applicant was further advised that if she did not comply with this Direction her Application may be dismissed as abandoned.

6The applicant has not complied with the Direction nor communicated with the Tribunal in any way and the time for doing so has passed.

7In the circumstances the applicant is deemed to have abandoned her Application and it is dismissed.