Augustin v. Platinum Electrical Contractors Inc., 2015 HRTO 889

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sabina Augustin

Applicant

-and-

Platinum Electrical Contractors Inc. and Adam Wachtel

Respondents

DECISION

Adjudicator: Ken Bhattacharjee

Date: July 3, 2015

Citation: 2015 HRTO 889

Indexed as: Augustin v. Platinum Electrical Contractors Inc.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on November 14, 2013.

2In an Interim Decision, 2014 HRTO 230, dated February 20, 2014, the Tribunal deferred proceeding with this Application pending the conclusion of an ongoing Employment Standards proceeding.

3On March 24, 2015, the Tribunal sent a letter to the applicant’s representative. The applicant was asked to inform the Tribunal within 30 days of the date of the letter whether the Employment Standards proceeding was still ongoing, and, if possible, to indicate when it was expected to be completed. The letter went on to warn the applicant that a failure to provide the requested information may result in the Tribunal dismissing the Application as abandoned. The letter was delivered by mail and email to the applicant’s representative.

4The Tribunal did not receive a response to the letter. Accordingly, on May 12, 2015, the Tribunal sent a follow-up email to both the applicant’s representative and the applicant, which attached the March 24, 2015 letter. The email warned the applicant that a failure to provide the requested information by May 26, 2015 may result in the Tribunal dismissing the Application as abandoned. The Tribunal received a message that the email could not be delivered to the applicant’s representative’s email address, but did not receive any such message with respect to the applicant’s email address.

5The applicant has not responded to the Tribunal’s March 24, 2015 letter or May 12, 2015 email.

6In the circumstances, the applicant is deemed to have abandoned the Application, and the Application is dismissed.