Soles v. Bag to Earth Inc., 2017 HRTO 1400

Human Rights Tribunal of Ontario

B E T W E E N:

Shelby Soles Applicant

-and-

Bag to Earth Inc. Respondent

DECISION

Adjudicator: Esi Codjoe Decision Date: October 23, 2017 Citation: 2017 HRTO 1400 Indexed as: Soles v. Bag to Earth Inc.

Introduction

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 is scheduled to be heard on November 10, 2017.

2On October 3, 2017, the Tribunal emailed the parties to inquire whether they would be willing to move the start time of the hearing ahead by 30 minutes. The Tribunal directed the parties to respond by October 6, 2017. The respondent responded to the Tribunal’s email but the applicant did not. The Tribunal sent the correspondence to the email address that the applicant provided in her Application and at which she consented to receive correspondence from the Tribunal. The email was not returned to the Tribunal as undeliverable.

3In addition, on October 5, 2017, the Tribunal issued a Case Assessment Direction (“CAD”). The CAD asked the applicant to confirm whether she intended to proceed with her Application, and, if so, it directed that she comply with her obligation to make the pre-hearing disclosure required under Rules 16 and 17 of the Tribunal’s Rules of Procedure by October 13, 2017. The Tribunal warned the applicant in the CAD that it might dismiss her Application as abandoned if she did not respond to the CAD. The Tribunal sent the correspondence to the email address, and mailing address that the applicant provided in her Application and at which she consented to receive correspondence from the Tribunal. The mail was not returned to the Tribunal as undeliverable

4On October 11, the Tribunal once again emailed the applicant to ask whether she was available to move the start time of the hearing to 30 minutes earlier.

5The applicant did not respond to the Tribunal’s emails of October 3 and 11, 2017, nor did she respond to the October 5, 2017 CAD.

ORDER

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