Carrie Robinson v. United Steelworkers and Tony DePaulo, 2011 HRTO 1763

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Carrie Robinson

Applicant

-and-

United Steelworkers and Tony DePaulo

Respondents

DECISION

Adjudicator: Judith Keene

Date: September 27, 2011

Citation: 2011 HRTO 1763

Indexed as: Robinson v. United Steelworkers

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 September 15, 2009, alleging discrimination in respect of employment. This decision addresses the applicant’s request to withdraw the Application.

2A Request to Withdraw the Application was filed by the applicant and copied to the respondents on August 30, 2011, less than two weeks before the first day scheduled for hearing. The respondents consent to the withdrawal, but only on condition that the Tribunal dismisses the Application. The Union respondent filed a Request for an Order During Proceedings asking that a Case Conference be scheduled so that submissions could be made in regard to this issue.

3Rule 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Where a Response to the Application has already been filed, an Application may be withdrawn only with the permission of the Tribunal and upon such terms as the Tribunal may determine.

4The respondents have been put to trouble and expense in responding to the Application and preparing for a hearing. They are concerned about finality and certainty.

5If the applicant were to make a new Application based on the same subject matter as this Application, respondents may object at that time and may request that the Tribunal refuse to consider a new Application. The Tribunal will deal with the respondents’ concerns as necessary in the context of a new Application, if any.

6Accordingly, the Application is withdrawn without terms.