Newstart v. 1789726 Ontario Limited o/a Cambrian Search Group, 2017 HRTO 909

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Samantha Newstart

Applicant

-and-

1789726 Ontario Limited o/a Cambrian Search Group

Respondent

DECISION

Adjudicator: Douglas Sanderson

Date: July 20, 2017

Citation: 2017 HRTO 909

Indexed as: Newstart v. 1789726 Ontario Limited oa Cambrian Search Group

WRITTEN SUBMISSIONS

Samantha Newstart, Applicant

No one appearing

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging discrimination with respect to employment because of gender identity.

2In a Case Assessment Direction dated June 21, 2017, the Tribunal noted as follows:

In an Interim Decision in this matter dated March 2, 2017, 2017 HRTO 266, the Tribunal granted the respondent’s request to file an Amended Response. In the Amended Response, the respondent requested dismissal of the Application because the Application lacks particulars and has no reasonable prospect of success. The applicant has not filed a Reply (Form 3) to the Response filed by the respondent. The respondent also filed an e-mail message from the applicant it submitted suggested that the applicant no longer intends to pursue this Application. On May 18, 2017, the Tribunal sent the applicant an e-mail message in which it directed the applicant to either file a Form 9 (Request for Withdrawal) or confirm her intention to proceed with the Application, within 14 days. The applicant did not respond to this message.

3In light of the applicant’s failure to respond, the Tribunal directed the applicant, in the same Case Assessment Direction, to file a Reply (Form 3) addressing each of the issues raised in the Amended Response filed by the respondent within 14 days of the date of this Case Assessment Direction. The Tribunal warned the applicant that if she did not comply with this direction, then the Tribunal may dismiss the Application as abandoned. As of the date of this Decision, the applicant has not filed a Reply or responded to the Case Assessment Direction in any manner. In the circumstances it appears the applicant has abandoned the Application.

4The Application is dismissed as abandoned.