D.R. v. Upper Grand District School Board, 2011 HRTO 1751

Human Rights Tribunal of Ontario

B E T W E E N:

D.R. Applicant

-and-

Upper Grand District School Board and Linda Benallick Respondents

DECISION

Adjudicator: Sherry Liang Date: September 23, 2011 Citation: 2011 HRTO 1751 Indexed as: D.R. v. Upper Grand District School Board

1This is an Application filed on January 17, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2Mediation was scheduled for September 16, 2011. On September 13, 2011, the applicant filed a Request to Withdraw the Application. The respondents object, taking the position that the Tribunal should dismiss the Application “with prejudice” or in the alternative, grant leave to withdraw on condition that the withdrawal is “with prejudice.” The respondents wish the Tribunal’s disposition of this Application to bar any future application to the Tribunal that raises any fact pre-dating the date of the withdrawal.

3The respondents submit that they have been put to great trouble and expense in preparing a response to the Application, including their preparation for mediation. They express the concern that the request to withdraw may be motivated in part by a desire to keep the disputes “alive” for a future possible proceeding. They submit that the applicant should not be able to withdraw unilaterally and remain free to renew the allegations at some indefinite future date.

4The Tribunal appreciates the respondents’ concerns about the time and resources they have devoted to responding to this Application. Nonetheless, I see little to be gained by an inquiry at this stage into whether the circumstances of this Application and the possible motivation for the applicant’s decision to seek to withdraw the Application should lead to the sort of order sought by the respondents. If the applicant seeks to re-file the same allegations in another application, the respondents may raise their objection at that time and may request that the Tribunal refuse to consider a new application.

5The Application is accordingly withdrawn with leave of the Tribunal.