HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Patsy Wu
Applicant
-and-
Hamco Heating and Cooling Ltd.
Respondent
DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: Wu v. Hamco Heating and Cooling Ltd.
1The applicant filed this Application alleging discrimination contrary to the Human Rights Code, R.S.O. 1990 c. H. 19, as amended (the “Code”).
2On July 10, 2017, the Tribunal sent the applicant a Notice of Intent to Dismiss (“NOID”) advising her that the Application appeared to be outside the Tribunal’s jurisdiction. The NOID was sent to the applicant at the regular mail address and the email address set out in the Application and they were not returned as undeliverable. The NOID noted that the Application was filed more than one year after the last incident of discrimination described in it and the applicant did not appear to have cited facts that constitute “good faith” within the meaning of the Tribunal’s case law. Therefore, the Application appeared to be untimely.
3The Tribunal directed the applicant to file submissions in response to the NOID by August 9, 2017. It advised the applicant that, if she did not file any submissions, the Tribunal would make its decision based only on the information in the Application and might consider her failure to respond as an abandonment of the Application against these two respondents.
4The applicant did not respond to the NOID and the time for doing so has passed.
order
5In the above circumstances the Application is dismissed as abandoned.
Dated at Toronto, this 30th day of August, 2017.
“Signed By”
Jo-Anne Pickel
Vice-chair