West-Gaul v. Shular, 2011 HRTO 339

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nigel West-Gaul

Applicant

-and-

Joyce Shular

Respondent

DECISION

Adjudicator: Alan G. Smith

Date: February 17, 2011

Citation: 2011 HRTO 339

Indexed as: West-Gaul v. Shular

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 30, 2010. The applicant indicated in the Application that he was alleging discrimination during employment and stated he had experienced discrimination by way of “superior bullying”.

2On November 3, 2010, the applicant was contacted by telephone by the Registrar and asked to provide an enumerated ground of discrimination pursuant to s. 5 of the Code. In the conversation the applicant advised that he was not sure of the ground and that he was now retired from employment. The applicant further advised that he wished to withdraw his Application. The Registrar requested the Applicant send his request to withdraw in writing to the Tribunal. Nothing was received from the applicant.

3By correspondence dated November 24, 2010, the Registrar directed the applicant to advise the Tribunal of his intentions with respect to his Application. The applicant was further advised that if he did not respond by December 6, 2010, the Tribunal would deem the Application abandoned and close its file. The applicant has not responded to the Tribunal’s correspondence.

4In the circumstances, the applicant is deemed to have abandoned the Application.

5The Application is dismissed.