Human Rights Tribunal of Ontario
B E T W E E N:
Lindsay Austin Applicant
-and-
Button’s Heating Inc. Respondent
DECISION
Adjudicator: Brian Eyolfson Date: April 10, 2015 Citation: 2015 HRTO 462 Indexed as: Austin v. Button’s Heating Inc.
1This Application was filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on July 16, 2014.
2On January 30, 2015, the respondent filed a Request for an Order During Proceedings (“Request”), seeking production of documents. In its Request, the respondent submitted that the applicant did not provide her arguably relevant documents by January 26, 2015, as directed by the Tribunal in its January 5, 2015 Notice of Hearing.
3By Case Assessment Direction (“CAD”) dated March 6, 2015, the Tribunal directed the applicant to deliver and file a Response to the respondent’s Request, within 14 days of the date of the CAD. The applicant was also directed to comply with Rule 16.1 of the Tribunal’s Rules of Procedure concerning the disclosure of documents, within 14 days of the date of the CAD, and to file confirmation with the Tribunal that this had occurred. The Tribunal indicated that if the applicant did not comply with these directions, the Application may be dismissed as abandoned
4As of the date of this Decision, there is no indication that the applicant has complied with the Tribunal’s directions set out in its March 6, 2015 CAD, nor does it appear that she has otherwise communicated with the Tribunal. The Tribunal’s CAD was delivered to the applicant’s representative at email and mailing addresses provided to the Tribunal, and has not been returned as undeliverable.
5In the circumstances, the applicant is deemed to have abandoned the Application.
6The Application is dismissed.
Dated at Toronto, this 10th day of April, 2015.
“Signed by”
Brian Eyolfson Vice-chair
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