McPhee v. Collins, 2013 HRTO 388

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rose McPhee

Applicant

-and-

David Collins

Respondent

DECISION

Adjudicator: Naomi Overend Date: March 7, 2013 Citation: 2013 HRTO 388 Indexed as: McPhee v. Collins

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 February 18, 2010.

2In Interim Decision 2010 HRTO 2063 issued October 8, 2010, the Tribunal deferred proceeding with this Application pending the conclusion of an ongoing proceeding before the College of Physicians and Surgeons of Ontario (the “College”).

3On December 15, 2011, the Tribunal wrote to the applicant by regular mail. The applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the proceeding before the College 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 December 15, 2011 letter. The Tribunal’s letter to the applicant has not been returned as undeliverable.

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