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Human rights application dismissed because the underlying Commission complaint was previously withdrawn and closed.
The applicant filed an Application under section 53(5) of the Human Rights Code based on a complaint previously filed with the Ontario Human Rights Commission.
The respondent argued the Tribunal could not deal with the Application because the underlying complaint had been withdrawn.
The Tribunal found that the Commission had closed the complaint file as withdrawn in 2005, meaning there was no continued complaint that could be abandoned to file the present Application.
The Application was dismissed.
