HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lynda Gough Applicant
-and-
Her Majesty the Queen in Right of Ontario, as represented by the Minister of Community and Correctional Services Respondent
DECISION
Adjudicator: David Muir Date: May 29, 2013 Citation: 2013 HRTO 949 Indexed as: Gough v. Ontario (Community Safety and Correctional Services)
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 October 26, 2011.
2In Interim Decision 2012 HRTO 861 issued April 30, 2012, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.
3On or about February 20, 2013, the Tribunal received a Consent Form with respect to a Request to Withdraw and Statement of Delivery dated January 25, 2013 from the applicant.
4On March 11, 2013 the Tribunal wrote to the applicant confirming receipt of the Consent Form and Statement of Delivery, and advised that while the Statement of Delivery indicates that a Request to Withdraw an Application (Form 9) was sent to all the parties, the Tribunal had not received a copy. The Tribunal indicated in this correspondence that upon receipt of a completed Form 9 that it would close its file.
5On April 5, 2013 the Tribunal wrote to the applicant advising her that it had not received a response to its earlier correspondence. It further advised the applicant that if the Tribunal does not receive a response to this correspondence by April 19, 2013 that the Application will be dismissed as abandoned and the file will be closed.
6The applicant has not responded to the Tribunal’s letters dated March 11 and April 5, 2013 and the time for so doing has now passed. The Tribunal’s letter to the applicant has not been returned as undeliverable.
7In the circumstances, the applicant is deemed to have abandoned the Application and the Application is dismissed.
Dated at Toronto, this 29th day of May, 2013.
“signed by”
David Muir Vice-chair