Edwin Banghart v. Elgin Condominium Corporation #1, 2010 HRTO 495

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Edwin Banghart

Applicant

-and-

Elgin Condominium Corporation #1

Respondent

DECISION

Adjudicator: Alison Renton

Date: March 4, 2010

Citation: 2010 HRTO 495

Indexed as: Banghart v. Elgin Condominium Corporation #1

1A hearing in this matter was held on August 26, September 16 and October 28, 2009. On the last day, at the conclusion of the hearing, the Tribunal advised the parties that it would reserve on its decision.

2In December 2009, the Tribunal was advised that the applicant had passed away. In January 2010, the Tribunal issued a Case Assessment Direction requesting written confirmation from the applicant’s estate whether it wanted to proceed with or withdraw the Application. If the applicant’s estate wanted to proceed with the Application, the Tribunal would schedule a conference call to hear the parties’ submissions on the remedies the Tribunal may order, in the event the Application was successful, given that the applicant has passed away.

3The applicant’s estate provided instructions to withdraw the Application and a Request to Withdraw an Application (Form 9) was delivered to the respondent and filed with the Tribunal on February 9, 2010. The respondent filed a Response to a Request for an Order (Form 11) on February 17, 2010 consenting to the withdrawal of the Application.

4The Application is therefore withdrawn with leave of the Tribunal.