Lam v. Ontario Ombudsman, 2010 HRTO 2469

Appearances

Bi Ying Lam, Applicant: Self-represented Ontario Ombudsman, Respondent: Glenn Christie, Counsel COPE Ontario COPE Local 343, Respondent and Intervenor: Glenn Wheeler, Counsel Jancie Best, Elizabeth Fong and Sean Clancy, Respondents: Glenn Wheeler, Counsel

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on June 10, 2009, alleging discrimination on the basis of race, colour and ethnic origin in employment (Application File Number 2009-02569-I, or the "employer Application"). On July 7, 2009, the applicant filed a second Application under section 34 of Part IV of the Code, alleging discrimination on the basis of race, place of origin and ethnic origin, with respect to membership in a vocational association (Application File Number 2009-02856-I, or the "union Application").

2In an earlier Interim Decision, 2010 HRTO 1103, the union's request to intervene in the employer Application was granted. In a second Interim Decision, 2010 HRTO 1487, the Tribunal determined that the two Applications would be heard together on September 27, 28 and 29, 2010.

3On September 23, 2010, the applicant filed a Request to Withdraw ("Request") the union Application, and the respondents to that Application filed a Response, agreeing with the Request. At the outset of the hearing on September 27, 2010, the Tribunal confirmed that the applicant's Request was granted and the union Application was withdrawn. The hearing of the employer Application proceeded and the union participated as an intervenor.

4At the hearing on September 27, 2010, the Tribunal dealt with case management matters. On September 28, the applicant began her evidence-in-chief. At the beginning of the day on September 29, the applicant advised that she wished to withdraw the remaining employer Application. The respondent indicated that it was not opposed to the applicant's request. In the circumstances, the Tribunal granted the applicant's request to withdraw her remaining Application.

5The Applications have been withdrawn with leave of the Tribunal.

Dated at Toronto, this 14th day of December, 2010.

"signed by"____________

Brian Eyolfson

Vice-chair