Mike Borba v. Jungbunzlauer Canada, 2010 HRTO 2182

Human Rights Tribunal of Ontario

B E T W E E N:

Mike Borba Applicant

• and -

Jungbunzlauer Canada Respondent

INTERIM Decision

Adjudicator: Ena Chadha Date: November 1, 2010 Citation: 2010 HRTO 2182 Indexed as: Borba v. Jungbunzlauer Canada

1The applicant filed an Application on July 16, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging discrimination with respect to employment on the basis of sex.

2By way of an earlier Interim Decision, Borba v. Jungbunzlauer Canada, 2010 HRTO 1832, the Application was deferred pending the completion of a related grievance proceeding.

3On October 13, 2010, the applicant filed a Request to reactivate the Application on the basis that the grievance has been withdrawn. The applicant attached the grievance withdrawal form dated September 22, 2010 to his Request.

4The Request and accompanying documents were served on the respondent. The respondent did not file a response to the applicant’s Request and the time for doing so has elapsed.

5Since the applicant has withdrawn the grievance and the respondent has not contested the Request, there no longer appears to be any reason to defer consideration of the Application. Accordingly, the Application is reactivated.