Alex Gibson v. City of Toronto, 2014 HRTO 131

Human Rights Tribunal of Ontario

B E T W E E N:

Alex Gibson Applicant

-and-

City of Toronto Respondent

-and-

Toronto Civic Employees’ Union, Local 416 – CUPE Intervenor

DECISION

Adjudicator: Jennifer Scott Date: January 29, 2014 Citation: 2014 HRTO 131 Indexed as: Gibson v. Toronto (City)

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 28, 2012.

2In Interim Decision 2012 HRTO 748 issued April 16, 2012, the Tribunal deferred proceeding with this Application pending the conclusion of ongoing grievance proceedings.

3On January 14, 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 union grievance remained ongoing and, if possible, to indicate when it was expected to be completed.

4On February 14, 2013, the applicant advised the Tribunal, the union grievance was still ongoing. By letter dated February 19, 2013, the Tribunal advised the parties the Application remained deferred.

5On November 21, 2013, the Tribunal wrote to the applicant to request a further update on the status of the grievance proceeding. Again, the applicant was asked to inform the Registrar in writing within 30 days of the date of the letter whether the grievance remained ongoing and, if possible, to indicate when it was 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.

6The applicant has not responded to the Tribunal’s November 21, 2013 letter. 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.