William Walsh v. Waste Management of Canada Corporation, 2011 HRTO 379

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

William Walsh

Applicant

-and-

Waste Management of Canada Corporation

Respondent

DECISION

Adjudicator: Brian Eyolfson

Date: March 8, 2011

Citation: 2011 HRTO 379

Indexed as: Walsh v. Waste Management of Canada

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 August 14, 2009.

2On October 28, 2009 the Tribunal issued a Notice of Intent to Defer the Application pending the conclusion of a grievance proceeding. None of the parties or the affected union provided submissions in response to the Notice.

3By Interim Decision 2009 HRTO 2201 issued December 17, 2009 the Tribunal deferred the Application pending the completion of the grievance proceeding. The Interim decision provided the parties with directions for seeking the reactivation of the application.

4On January 12, 2011 the registrar wrote to the parties and the union asking for information on the status of the grievance proceeding. The applicant was advised that failure to provide this information within 30 days of the date of the letter could result in dismissal of the Application as abandoned.

5As of the date of this Decision the applicant has not responded to the registrar’s letter and the Tribunal’s correspondence has not been returned.

6In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.