Pratt v. TAG Management, 2015 HRTO 432

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Elizabeth Pratt

Applicant

-and-

TAG Management

Respondent

DECISION

Adjudicator: Eli Fellman

Date: March 31, 2015

Citation: 2015 HRTO 432

Indexed as: Pratt v. TAG Management

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”), alleging discrimination with respect to employment because of age, sex, disability and reprisal.

2By way of an Interim Decision dated January 7, 2014, 2014 HRTO 25, the Tribunal determined that the Application should be deferred pending the completion of a proceeding under the Employment Standards Act (ESA).

3On October 8, 2014 the Registrar wrote to the applicant seeking information about the status of the ESA claim. The applicant was instructed to respond within 30 days and advised that, if she failed to do so, the Tribunal may dismiss the Application as abandoned.

4On November 26, 2014 the applicant emailed the Tribunal and advised that the ESA claim had been completed. She also asked that the Tribunal proceed with her Application.

5The Tribunal responded by email on November 27, 2014 instructing the applicant to deliver and file a Request to reactivate her Application, using Form 10, attach a copy of the ESA decision to the Request and provide a completed Statement of Delivery of the Request on the respondent.

6On February 20, 2015, the Registrar wrote to the applicant noting she had not complied with the November 27, 2014 email. The applicant was advised that her Application may be dismissed as abandoned if the required documents were not submitted by March 6, 2015. The applicant asked for additional time to respond and the deadline was extended to March 20, 2015.

7It is now 10 days past the March 20, 2015 deadline and the Tribunal has not received the required documents. Further, the Tribunal has not received any communication from the applicant since her request to extend the deadline.

8In the circumstances, the applicant is deemed to have abandoned the Application.

9The Application is dismissed.