Martin v. Longevity Holdings Inc., 2015 HRTO 290

Human Rights Tribunal of Ontario

B E T W E E N:

Megan Martin

Applicant

-and-

Longevity Holdings Inc.

Respondent

DECISION

Adjudicator: Dawn J. Kershaw
Date: March 10, 2015
Citation: 2015 HRTO 290
Indexed as: Martin v. Longevity Holdings Inc.

WRITTEN SUBMISSIONS

Longevity Holdings Inc., Respondent

Marianne Craig, Counsel

Introduction

1This Application alleges reprisal and discrimination with respect to employment because of sex contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2This Application was deferred on November 14, 2014 pending a resolution of Employment Standards Act (“ESA”) proceedings.

3The respondent filed a February 10, 2015 Form 10 Request for an Order During Proceedings (“RFOP”) and requested that the Application be dismissed because the applicant failed to file a request to proceed with the Application in accordance with Rule 14.4 of the Tribunal’s Rules of Procedure as follows:

14.4 Where an Application was deferred pending the outcome of another legal proceeding, a request to proceed under Rule 14.3 must be filed no later than 60 days after the conclusion of the other proceeding, must set out the date the other legal proceeding concluded and include a copy of the decision or order in the other proceeding, if any.

4The respondent filed a copy of the December 2, 2014 decision of the Employment Standards Officer. The time for appealing that decision has passed.

5More than 90 days have now passed since the conclusion of the ESA proceeding and the applicant has not requested that this Application proceed. She also has not responded to the respondent’s RFOP requesting the dismissal of the Application although it was delivered to the applicant as evidenced by the respondent’s Form 23 Statement of Delivery.

order

6The Application is dismissed.