Kelley Maki v. Near North District School Board, 2017 HRTO 1128

Human Rights Tribunal of Ontario

B E T W E E N:

Kelley Maki

Applicant

-and-

Near North District School Board

Respondent

DECISION

Adjudicator: Naomi Overend

Date: August 31, 2017

Citation: 2017 HRTO 1128

Indexed as: Maki v. Near North District School Board

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on September 9, 2013.

2On November 8, 2013, the Tribunal deferred proceeding with this Application pending the conclusion of an ongoing grievance proceeding.

3On May 2, 2017 the Tribunal wrote to the applicant. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the other proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The applicant responded on June 1, 2017 indicating that the grievance was no longer active and that she wished to pursue her Application.

4On July 19, 2017, the Tribunal sent a further letter to the applicant directing her attention to the process under Rules 14.3 and 14.4 for reactivating a deferred application. She was advised to respond by July 31, 2017. The letter went on to warn the applicant that failure to respond might result in the Tribunal dismissing the Application as abandoned.

5The applicant has not responded to the Tribunal’s July 19, 2017 letter, which was sent via mail and email. The Tribunal’s letter to the applicant has not been returned as undeliverable.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.