Johann MacGilvray v. Waterloo Catholic District School Board, 2013 HRTO 2069

Human Rights Tribunal of Ontario

B E T W E E N:

Johann MacGilvray

Applicant

-and-

Waterloo Catholic District School Board

Respondent

DECISION

Adjudicator: David Muir

Date: December 17, 2013

Citation: 2013 HRTO 2069

Indexed as: MacGilvray v. Waterloo Catholic District School Board

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 13, 2013.

2In correspondence dated January 22, 2013 the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance arbitation.

3On October 21, 2013 the Tribunal wrote to the applicant and respondent. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the other 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.

4The applicant did not respond to the Tribunal’s October 21 2012 letter. The Tribunal’s letter to the applicant has not been returned as undeliverable. On November 25, 2013 the Tribunal wrote to the applicant again providing a copy of the October 21, 2012 letter and directing the applicant to respond by December 2, 2013. The applicant has not responded to this correspondence nor communicated with the Tribunal in any way.

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