Grant v. State Farm Insurance, 2016 HRTO 1257

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sabrina Grant

Applicant

-and-

State Farm Insurance

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: September 28, 2016

Citation: 2016 HRTO 1257

Indexed as: Grant v. State Farm Insurance

APPEARANCES

Sabrina Grant, Applicant

No one appearing

1This Application, filed on April 27, 2016 under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination with respect to employment because of disability.

2On June 2, 2016, the Tribunal sent the applicant a Notice of Intent to Dismiss (“NOID”) that advised her that the Application appears to be outside the Tribunal’s jurisdiction because the Application was filed more than one year after the last incident of discrimination described in the Application and she did not appear to have cited facts that constitute “good faith” within the meaning of the Tribunal’s case law (s.34(1)). The Tribunal directed the applicant to file written submissions in response to the NOID by July 4, 2016.

3On August 25, 2016, the applicant sent an e-mail message in which she stated that she made a submission in November 2013. The Tribunal responded to the applicant by letter dated August 30, 2016. The Tribunal advised the applicant appears to state that she file an Application in 2013 and followed up with the Tribunal in 2014. The Tribunal again directed the applicant to make submissions regarding why she filed this Application more than one year from the date of the last alleged incident of discrimination and to provide proof that she filed an Application in 2013 and followed up in 2014. The Tribunal set a deadline of September 6, 2016 for the applicant’s submissions.

4Both the NOID and the letter of August 30, 2016 warned the applicant that if she did not file written submissions by the specified date, then the Tribunal would make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason. As of the date of this Decision, the applicant has not filed any submissions in response to the NOID or the letter of August 30, 2016. In the circumstances, it appears the applicant has abandoned the Application.

5The Application is dismissed as abandoned.