Rosemary Tomlinson v. J. Provost Contracting Ltd. and James Murphy, 2013 HRTO 384

Human Rights Tribunal of Ontario

B E T W E E N:

Rosemary Tomlinson Applicant

-and-

J. Provost Contracting Ltd. and James Murphy Respondents

DECISION

Adjudicator: Naomi Overend Date: March 6, 2013 Citation: 2013 HRTO 384 Indexed as: Tomlinson v. J. Provost Contracting Ltd.

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 22, 2011.

2In Interim Decision 2012 HRTO 275 issued February 8, 2012, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.

3On January 9, 2013 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.

4The applicant has not responded to the Tribunal’s January 9, 2013 letter. The Tribunal’s letter to the applicant has not been returned as undeliverable. Nor has the applicant responded to a communication sent by the Tribunal on February 13, 2013 in which the letter of January 9 was re-sent to the applicant with a further opportunity to respond by no later than February 19, 2013.

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