HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jennifer Kerr
Applicant
-and-
The Manufacturers Life Insurance Company
Respondent
DECISION
Adjudicator: Laurie Letheren
Indexed as: Kerr v. The Manufacturers Life Insurance Company
WRITTEN SUBMISSIONS
Jennifer Kerr, Applicant
Self-represented
The Manufacturers Life Insurance Company, Respondent
Sophia Zaidi, Counsel
INTRODUCTION
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on March 21, 2016.
2On June 1, 2016, the respondent filed a Response (Form 2). In its Response the respondent requested the early dismissal of the Application. On the same date the Respondent filed a Request for Summary Hearing (Form 26) seeking the dismissal of the Application because it is outside of the Tribunal’s jurisdiction and because it has no reasonable prospect of success.
3The applicant did not respond to the respondent’s request that the Application be dismissed with either a Reply (Form 3) to the Response or a response to the Request for Summary Hearing and the time for doing so has passed.
4On July 5, 2016, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to deliver and file a Response (Form 11) addressing the respondent’s Requests within 14 days of the date of that CAD. The CAD warned that failing to do so may result in the dismissal of the Application as abandoned.
5On July 19, 2016, the Tribunal received an email from the applicant to which was attached a blank Form 11. On the same day, the Tribunal directed the applicant to complete the Form 11 and submit it to the Tribunal and the respondent.
6On July 25, 2016, the Tribunal further directed the applicant to file a Form 11 by July 29, 2016.
7To date, the Tribunal had not received a completed Form 11 from the applicant.
8In the circumstances, the applicant is deemed to have abandoned the Application.
ORDER
9The Application is dismissed.
Dated at Toronto, this 12th day of August, 2016.
“Signed by”
Laurie Letheren
Vice-chair