HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Theresa McNally
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Ministry of Transportation and Rhonda Clark
Respondents
DECISION
Adjudicator: Douglas Sanderson
Date: January 18, 2011
Citation: 2011 HRTO 127
Indexed as: McNally v. Ontario (Transportation)
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 March 17, 2009.
2In Interim Decision 2009 HRTO 1309, issued August 25, 2009, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.
3On November 22, 2010 the Tribunal wrote to the parties seeking the status of the grievance proceeding. The applicant was asked to advise whether the grievance proceedings remained ongoing and, if possible, to indicate when they were expected to be completed. She was asked to provide this information to the Tribunal within 30 days of November 22, 2010. The letter went on to warn the applicant that if she failed to provide the requested information, the Tribunal might dismiss the Application as abandoned.
4The applicant has not responded to the Tribunal’s November 22, 2010 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.
Dated at Toronto, this 18th day of January, 2011.
”signed by”__________
Douglas Sanderson
Vice-chair