Woods v. Cuts R Us, 2015 HRTO 419

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mikaela Woods

Applicant

-and-

Cuts R Us aka Cuts Are Us

Respondent

DECISION

Adjudicator: Laurie Letheren Date: March 31, 2015 Citation: 2015 HRTO 419 Indexed as: Woods v. Cuts R Us

WRITTEN SUBMISSIONS

Mikaela Woods, Applicant

Holly Robertson, Representative

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment. In the Application, the box “association with a person identified by a ground listed above” was checked by the applicant as the ground of discrimination. However, in the narrative of the Application, the applicant alleges that she experienced discrimination when the owner of the respondent made rude, offensive and humiliating remarks about her appearance and her work, and forced her to listen to and observe the owner’s humiliating remarks about other employees and clients.

2On February 18, 2015, the Tribunal sent the applicant a Notice of Intent to Dismiss (“NOID”). The NOID advised the applicant that the narrative in the Application in which the incidents of alleged discrimination are set out fail to identify any specific acts of discrimination within the meaning of the Code.

3The NOID instructed the applicant to make written submissions to respond to the issue of whether the Application identified any specific acts of discrimination within the meaning of the Code. The submissions were to be filed at the Tribunal on or before March 20, 2015. The applicant was further advised that if she did not provide written submissions by the required time, the Tribunal may make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason.

4The applicant did not respond to the NOID and the time for doing so has long passed.

5In the circumstances, the applicant is deemed to have abandoned the Application.

6The Application is dismissed.