Persaud v. Direct Energy Marketing Limited, 2017 HRTO 1409

Human Rights Tribunal of Ontario

B E T W E E N:

Mabel Persaud as represented by her litigation guardian Ashisha Persaud

Applicant

-and-

Direct Energy Marketing Limited

Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: October 25, 2017 Citation: 2017 HRTO 1409 Indexed as: Persaud v. Direct Energy Marketing Limited

1The applicant filed an Application alleging that the respondent violated Human Rights Code, R.S.O. 1990, c. H. 19, as amended.

2On September 20, 2017, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) on the basis that the Application appears to be outside the Tribunal’s power to decide. In the NOID, the Tribunal directed the applicant to respond to the issues raised in the NOID by no later than October 20, 2017. The NOID advised the applicant that the Tribunal might consider a failure to respond to the NOID as an abandonment of the Application and the Tribunal might dismiss the Application for that reason.

3The Tribunal sent the NOID to the address of the representative she listed in her Application.

4By email dated October 12, 2017, the applicant’s litigation guardian advised the Tribunal that the applicant wished to withdraw her Application and that she would be filing the appropriate form (Form 9) later in the date.

5The applicant did not file a Form 9. She also did not respond to the Tribunal’s NOID and the time for doing so has passed.

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

ORDER

7For the reasons set out above, the Application is dismissed.