HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Simone Williams
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services
Respondent
DECISION
Adjudicator: David Muir
Indexed as: Williams v. Ontario (Community Safety and Correctional Services)
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2In 2012 HRTO 1749 issued on September 17, 2012 the Tribunal deferred this Application pending the resolution of another legal proceeding.
3In July 2014 the Tribunal wrote to the applicant and asked her to confirm the status of the other proceeding. The applicant responded and advised that the other proceeding was ongoing.
4On February 11, 2015 the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the other proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.
5On March 3, 2015 the applicant sought and was granted an extension to respond.
6On April 15, 2014 the applicant advised the Tribunal that the other proceeding had concluded and her intention was to proceed with the Application. On the same date the Tribunal wrote to the applicant and advised that if she intended to proceed with her Application she must file a Request for Order During Proceeding (Form 10) seeking reactivate the Application and provide a copy of the final decision from the other proceeding.
7On June 22, 2015 the Tribunal wrote to the applicant again. The text of this letter is set out below:
Based on the applicant's submissions it appears that the other proceeding has concluded. If the applicant wishes to proceed with this Application she must file a Request for an Order During Proceedings “Form 10”, to reactivate the Application ("Request to reactivate"), which must include any of the Decisions rendered by the Grievance Settlement Board by no later than July 6, 2015.
If the applicant does not file a Request to reactivate the Application by July 6, 2015, then the Application may be dismissed as abandoned.
8The applicant has not responded to the Tribunal’s June 22, 2015 letter. The Tribunal’s letter to the applicant sent by both regular mail and email. There is no indication that it has not been received by the applicant.
9In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto this 15^th^ day of July, 2015.
“signed by”
David Muir
Vice-chair