Fields v. Designers Gallery Inc., 2016 HRTO 589

Human Rights Tribunal of Ontario

B E T W E E N:

Crystal Fields Applicant

-and-

Designers Gallery Inc. and Faige Weiss Respondents

DECISION

Adjudicator: Bruce Best Date: May 3, 2016 Citation: 2016 HRTO 589 Indexed as: Fields v. Designer Gallery Inc.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application was deferred on June 4, 2015, pending the completion of a related application before the Ontario Labour Relations Board (“OLRB”).

2On March 8, 2016, the Tribunal wrote to the parties seeking an update on the status of the OLRB matter. The letter stated that applicant was required to inform the Tribunal by April 7, 2016 whether the OLRB matter was ongoing and, if possible, to indicate when it was expected to be completed. The letter further stated that if she failed to respond, she may be considered to have abandoned her Application and it might be dismissed for that reason. As the applicant had not responded in accordance with the letter, an email was sent to the applicant on April 12, 2016 requiring the applicant to provide the requested information respecting the status of the OLRB matter by April 19, 2016.

3The applicant has not responded to the Tribunal’s March 8, 2016 or April 12, 2016 correspondence. The Tribunal’s correspondence to the applicant has not been returned as undeliverable.

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