Rachel Dowe v. Temkin Canada Corporation, 2017 HRTO 1428

Human Rights Tribunal of Ontario

B E T W E E N:

Rachel Dowe

Applicant

-and-

Temkin Canada Corporation

Respondent

DECISION

Adjudicator: Romona Gananathan Date: October 30, 2017 Citation: 2017 HRTO 1428 Indexed as: Dowe v. Temkin Canada Corporation

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on July 14, 2015.

2On consent of the parties, the Tribunal deferred proceeding with this Application on September 24, 2015 pending completion of a Workplace Safety and Insurance Board (“WSIB”) proceeding. In August 2016 the applicant confirmed that the WSIB matter was ongoing and the Application continued to be deferred.

3On September 1, 2017 the Registrar wrote to the applicant asking that she confirm the status of the WSIB proceeding within 30 days. The letter warned the applicant that failure to respond might result in the Application being dismissed as abandoned. The applicant did not respond.

4A further letter was sent to the applicant on October 3, 2017 requesting a response by October 10, 2017. The applicant did not respond again.

5Both letters to the applicant were sent by email and regular mail to the addresses provided by the applicant. They were not returned as undeliverable.

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