A.B. v. Sunshine Montessori School, 2016 HRTO 1627

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

A.B.

Applicant

-and-

Sunshine Montessori School

Respondent

DECISION

Adjudicator: Ken Bhattacharjee Date: December 19, 2016 Citation: 2016 HRTO 1627 Indexed as: A.B. v. Sunshine Montessori School

WRITTEN SUBMISSIONS

A.B., Applicant

Self-represented

Sunshine Montessori School, Respondent

Neena Gupta, Counsel

1On June 26, 2015, the applicant filed an Application with the Tribunal under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended.

2On October 29, 2015, the Tribunal issued an Interim Decision, 2015 HRTO 1444, which ordered that the Application be deferred pending the conclusion of another legal proceeding.

3On June 4, 2016, the applicant sent the Tribunal an email, which stated that a final judgment in the other legal proceeding had been released, that she was considering her options with respect to continuing the Application against the respondent, and that she would contact the Tribunal within 45 days if she planned to proceed.

4On June 14, 2016, the Tribunal sent the applicant an email, which reminded her that pursuant to Rule 14 of the Tribunal’s Rules of Procedure should she wish to proceed with her Application, she must advise the Tribunal of this intention within 60 days of the final disposition in the other legal proceeding.

5On September 8, 2016, the respondent filed a Request for an Order During Proceedings (“RFOP”), which requested that the Application be dismissed because neither party had filed a request to reactivate the Application within 60 days of the final disposition in the other legal proceeding.

6The applicant did not file a Response to the RFOP.

7In the circumstances, the applicant is deemed to have abandoned the Application.

8The Application is dismissed.