Human Rights Tribunal of Ontario
B E T W E E N:
Dennis Carty
Applicant
-and-
Senior Operations (Canada) Ltd. - Senior Flexonics
Respondent
DECISION
Adjudicator: Mary Truemner
Indexed as: Carty v. Senior Operations (Canada)
1This Decision deals with an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on March 31, 2009 (the “Code”). In an Interim Decision, 2009 HRTO 781, the Tribunal deferred the Application pending conclusion of a grievance.
2The respondent has notified the Tribunal that the other proceeding, the union grievance, has concluded. Consequently, the Tribunal wrote to the parties on March 25, 2010, with the following direction:
The applicant is to provide the Tribunal with direction on whether he wishes to reactivate the Tribunal's file or withdraw the Application by April 6, 2010. If the applicant wishes to reactivate the file, he must complete a Form 10, Request for Order During Proceedings, deliver a copy to the respondent and file it with the Tribunal along with the Form 23, Statement of Delivery. If the applicant no longer wishes to pursue the Application he is directed to file a Form 9, Request to Withdraw, deliver a copy to the respondent and file it with the Tribunal along with a Form 23.
If the Tribunal does not receive a response from the applicant by April 6, 2010, the Application may be considered as abandoned and closed.
3As of the date of this Decision, the applicant has not responded to the Tribunal's direction of March 25, 2010. In the circumstances, the applicant is considered to have abandoned the Application. The Application is dismissed.
Dated at Toronto, this 21^st^ day of May, 2010.
Mary Truemner
Vice-chair