Gordon Atkinson v. Three Degrees Restaurant Corporation, 2010 HRTO 3

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gordon Atkinson

Applicant

-and-

Three Degrees Restaurant Corporation

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: January 4, 2010

Citation: 2010 HRTO 3

Indexed as: Atkinson v. Three Degrees Restaurant

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on July 9, 2009, which alleges that three respondents – the Toronto Police Services Board, the Toronto Police Service and Three Degrees Restaurant Corporation (improperly named as Tim Hortons Corp. and MacCallum Restaurants Ltd.) – discriminated against him with respect to services.

2The respondents filed Responses to the Application on September 21, September 28 and November 27, 2009, respectively.

3On November 16, 2009, the applicant filed a Request to Withdraw an Application (Form 9) in relation to two of the respondents, the Toronto Police Services Board and the Toronto Police Service. The Request was delivered to all the respondents, but none of them have responded to it and the time for doing so has now lapsed.

4Rule 10.5 of the Tribunal’s Rules of Procedure provides that where a Response to the Application has already been filed, an Application may be withdrawn only with the permission of the Tribunal and upon such terms as the Tribunal may determine.

5I see no reason not to grant the Request. The Tribunal therefore orders that the Application as against the Toronto Police Services Board and the Toronto Police Service is withdrawn without terms and the style of cause is amended accordingly.

6I am not seized of this matter.