Delroy Martin v. City of Toronto, 2011 HRTO 1261

Human Rights Tribunal of Ontario

B E T W E E N:

Delroy Martin Applicant

-and-

City of Toronto Respondent

DECISION

Adjudicator: Alan G. Smith Date: June 30, 2011 Citation: 2011 HRTO 1261 Indexed as: Martin v. Toronto (City)

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 December 31, 2009.

2In Interim Decision 2010 HRTO 939 issued April 29, 2010, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.

3On May 5, 2011, the Tribunal wrote to the applicant. He was asked to inform the Registrar in writing within 30 days of the date of the letter whether the grievance proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. The letter went on to warn the applicant that failure to provide the requested information might result in the Tribunal dismissing the Application as abandoned.

4CUPE Local 79, who had notice of this proceeding and was copied on the Tribunal's letter of May 5, 2011, responded to the Tribunal's letter indicating that the applicant's grievance was resolved at arbitration on February 25, 2011. The applicant, however, has not responded to the Tribunal's May 5, 2011 letter. The Tribunal's letter to the applicant has not been returned as undeliverable.

5In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.