Jacobs v. Fry, 2016 HRTO 1207

Human Rights Tribunal of Ontario

B E T W E E N:

Crystal Jacobs

Applicant

-and-

Jennifer Fry

Respondent

DECISION

Adjudicator: Bruce Best

Date: September 14, 2016

Citation: 2016 HRTO 1207

Indexed as: Jacobs v. Fry

1This Application was filed under s.34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the “Code”) on April 28, 2016.

2On June 7, 2016 the Tribunal issued a Notice of Incomplete Application and Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appeared to be incomplete and outside the Tribunal’s power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than July 7, 2016. The NOID advised the applicant that failure to respond to the NOID may be considered an abandonment of the Application and it might be dismissed for that reason.

3The applicant replied to the Tribunal’s correspondence and provided the missing information. She did not, however, provide any submissions with respect to the Notice of Intent to Dismiss.

4The Tribunal sent a further email to the applicant on July 8, 2016, noting that she had not responded to the NOID, and giving her until July 18, 2016 to do so. There is no indication that the email was not received. I am satisfied that the applicant has received the correspondence from the Tribunal. The applicant has not provided submissions with respect to the NOID, and the time for doing so has now passed.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.