Maryna Sherman v. Mariya Ivanova, 2016 HRTO 1212

Human Rights Tribunal of Ontario

B E T W E E N:

Maryna Sherman Applicant

-and-

Mariya Ivanova Respondent

DECISION

Adjudicator: Bruce Best Date: September 14, 2016 Citation: 2016 HRTO 1212 Indexed as: Sherman v. Ivanova

1This Application was filed under s.34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on June 17, 2016.

2On July 21, 2016, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appears to be outside the Tribunal’s power to decide. The applicant was directed to respond to the issues raised in the NOID by no later than August 22, 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 NOID was sent to the applicant at the address provided in the Application, and has not been returned undeliverable. The Tribunal sent the letter again on August 26, 2016 via email, extending the time to reply to September 1, 2016. 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 responded to either correspondence and the time for doing so has now passed.

4In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.