Spencer Tulloch v. Essar Steel Algoma Inc., 2012 HRTO 1788

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Spencer Tulloch Applicant

-and-

Essar Steel Algoma Inc., Donald Kennedy, Roman Wyslocky, and United Steelworkers Local 2251 Respondents

DECISION

Adjudicator: Brian Eyolfson Date: September 19, 2012 Citation: 2012 HRTO 1788 Indexed as: Tulloch v. Essar Steel Algoma Inc.

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 July 3, 2009.

2In an Interim Decision issued January 5, 2010, 2010 HRTO 9, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.

3On July 4, 2012 the Tribunal wrote to the applicant. The applicant 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. The Tribunal’s July 4, 2012 letter to the applicant has not been returned as undeliverable.

4The applicant spoke with Tribunal staff on August 17, 2012. In an email dated the same day, the Tribunal confirmed the telephone conversation and that the applicant had advised that he wished to withdraw his Application. The Tribunal directed the applicant to file a Request to Withdraw (Form 9) or, alternatively, confirm in writing his intention to withdraw by replying to the email. The applicant has not responded to the Tribunal’s email dated August 17, 2012.

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