David Noble v. York University, 2009 HRTO 1432

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Noble

Complainant

-and-

York University

Respondent

INTERIM decision

Adjudicator: Michael Gottheil

Date: September 9, 2009

Citation: 2009 HRTO 1432

Indexed as: Noble v. York University

1This is a Complaint brought under the Human Rights Code, R.S.O. 1990, c.H.19 as amended (“the Code”). The Complaint as originally filed alleged discrimination in employment and services on the grounds of creed and reprisal. Following the change in the respondent’s policy regarding the scheduling of classes on certain religious holidays, a number of issues were resolved by the parties, and the Complaint is now solely about reprisal.

2On August 12, 2009, the Ontario Human Rights Commission (the “Commission”) filed a Request for Order During Proceeding seeking to withdraw from the case. The Tribunal sought submissions from the other parties on the Request, including whether there were any issues that should be addressed prior to the Commission’s withdrawal.

3The respondent did not oppose the Commission’s withdrawal. The complainant expressed his displeasure with the Commission’s decision, but did not argue that the Tribunal should refuse the Request. Neither party requested the Tribunal make any orders.

4In view of the Commission’s Request, its advice that all disclosure has been made, and the position of the parties, the Tribunal grants leave to the Commission to withdraw from these proceedings. The Commission shall be removed from the style of cause.