Henderson v. AIM Health Group, 2016 HRTO 1267

Human Rights Tribunal of Ontario

B E T W E E N:

Alyshia Henderson Applicant

-and-

AIM Health Group a Division of Viable Healthworks and Gurinder Singh Samrai Respondents

DECISION

Adjudicator: Douglas Sanderson Date: September 28, 2016 Citation: 2016 HRTO 1267 Indexed as: Henderson v. AIM Health Group

APPEARANCES

Alyshia Henderson, Applicant No one appearing

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

2On May 18, 2016, the Tribunal sent the applicant a Notice of Intent to Dismiss (“NOID”).The NOID 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 the applicant did not appear to have cited facts that constitute “good faith” within the meaning of the Tribunal’s case law (s.34(1)), and because a review of the Application and the narrative setting out the incidents of alleged discrimination, fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent. The Tribunal directed the applicant to file written submissions in response to the NOID by June 17, 2016.

3The applicant did not respond to the NOID. The Tribunal re-sent the NOID by e-mail on July 13, 2016 and directed the applicant to file written submissions in response to the NOID by July 27, 2016.

4Both the NOID and the Tribunal’s e-mail message of July 13, 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. In the circumstances it appears the applicant has abandoned the Application.

5The Application is dismissed as abandoned.