Human Rights Tribunal of Ontario
B E T W E E N:
Elizabeth Martinez
Applicant
-and-
The Regional Municipality of Peel Police Services Board
Respondent
DECISION
Adjudicator: Kathleen Martin
Indexed as: Martinez v. Peel Police Services Board
1This is an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) alleging discrimination in services on the basis of race, colour, ethnic origin and age. This interim decision addresses the applicant’s request to withdraw the Application.
2The Application was filed September 23, 2008. A Response was filed on October 29, 2008 requesting, among other things, that the Application be deferred. On December 29, 2008, the Tribunal declined to defer the Application. On January 15, 2009, the Tribunal received the Request to Withdraw the Application.
3The respondent consents to the withdrawal but only on condition that the withdrawal is entirely dispositive of the applicant’s Application. Further, the respondent requests that the Tribunal find that the applicant is precluded from resurrecting or re-filing her Application. No reasons are provided in support of these requests.
4Rule 10.5 of the Tribunal’s Rules of Procedure provides as follows:
Where a Response to the Application has already been filed, an Application may be withdrawn only with the permission of the Tribunal and upon such terms as the Tribunal may determine.
5Having regard to the material before me, I see no reason to impose any terms on the withdrawal. There is no basis for a finding that the withdrawal disposes of the Application. There is also no basis for an order precluding the applicant from re-filing her Application. Accordingly, the Application is withdrawn without terms.
6If the applicant makes a new Application based on the same subject matter as this Application, it is open to the respondent to raise any issues relating to this withdrawal. The Tribunal will deal with those issues as necessary in the context of a new Application, if any.
7I am not seized of this matter.
Dated at Toronto, this 12th day of February, 2009.
“Signed By”
Kathleen Martin
Vice-chair