Archived - Decision 07-039 Canada Labour Code Part II Occupational Health and Safety

This case was decided by Appeals Officer Jean-Pierre Aubre.

For the appellant
David Cowie, Counsel, Civil Litigation Section, Justice Canada

For the respondent
Lise Leduc, Counsel

[1] The present appeal was filed on July 4, 2007 pursuant to subsection 129 (7) of the Canada Labour Code (the Code) by Kevin McNeil, Acting General Counsel, Legal Services, Indian and Northern Affairs Canada, Justice Canada.

[2] The present appeal was filed against a direction issued to the appellant by Health and Safety Officer (HSO) Bruce McKeigan pursuant to paragraph 145(1)(a) of the Code, directing the appellant to cease contravening section 127.1 of the Code.

[3] During the preliminary stages of preparation for the hearing of the present appeal, counsel for the appellant sent to the Canada Appeals Office on Occupational Health and Safety a letter dated October 9, 2007. This letter was forwarded to the undersigned Appeals Officer.

[4] The letter indicated that the appellant was terminating his appeal.

[5] In light of the foregoing, and after reviewing the file, the Appeals Officer finds that the appeal has been withdrawn and declares that the case is now closed.

Decision No.: CAO‑07‑039

Appellant: Kevin McNeil, Legal Services, Indian and Northern Affairs Canada

Respondent: Denise Blais

Provisions: Canada Labour Code, 127.1, 129(7), 145(1)(a)

Key words: Direction, Withdrawal

Summary:

On July 4, 2007, Kevin McNeil filed an appeal pursuant to subsection 129 (7) of the Canada Labour Code.

On October 9, 2007, David Cowie, counsel for Mr. McNeil, sent to the Canada Appeals Office on Occupational Health and Safety a letter indicating that the appellant was terminating his appeal. Accordingly, the case is closed.