Human Rights Tribunal of Ontario
B E T W E E N:
Roseline Dorcin Applicant
-and-
Landlord and Tenant Board Respondent
DECISION
Adjudicator: Josée Bouchard Date: August 11, 2017 Citation: 2017 HRTO 1037 Indexed as: Dorcin v. Landlord and Tenant Board
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on December 5, 2016.
2On March 20, 2017, the respondent filed a Request for an Order During Proceedings (“RFOP”) requesting an order to defer the Application pending the applicant’s appeal of a Landlord and Tenant Board’s decision dismissing her complaint and the conclusion of proceedings before the Canadian Human Rights Commission.
3On May 3, 2017, the Tribunal issued a Case Assessment Direction (“CAD”) in English and on May 4, 2017 it issued the same CAD in French directing the applicant to write to the Tribunal to clarify the nature and forum to which she has appealed the Landlord and Tenant Board’s decision.
4The applicant did not file a response to the CAD within the timeline set by the Tribunal. The CAD was delivered by mail and email and was not returned as undeliverable.
5On June 15, 2017, the Tribunal issued a second Case Assessment Direction (“second CAD”) directing the applicant to deliver and file a response, within 14 days of the date of the second CAD, to the following:
a. The March 20, 2017 Request for an Order During Proceedings;
b. The May 3 and 4, 2017 Case Assessment Direction;
c. The issue of whether the Application is outside the Tribunal’s jurisdiction because the respondent is an arbitrator, adjudicator or judge.
6The Tribunal warned the applicant that it may dismiss the Application as abandoned if the applicant failed to comply with the second CAD within 14 days.
7The second CAD was delivered by mail and email and was not returned as undeliverable.
8The applicant has not responded to the second CAD and the time for doing so has now passed.
9In the circumstances, the applicant is deemed to have abandoned the Application.
10The Application is dismissed.
Dated at Toronto, this 11^th^ day of August, 2017.
“Signed by”
Josée Bouchard Vice-chair